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 . 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 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/05/2024 and 08/13/2025 have been considered by the examiner.
Election/Restrictions
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/04/2026
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
-Regarding claim 8, the language lacks written description. Examiner notes the claim provides “wherein the cutting device is configured to rotate around an axis to adjust an angle of a cut”, however, there does not appear to be any description within the specification as to how the cutting device is rotated, or around what axis the cutting device is rotated about. Paragraphs 0016-0017 provide for a holder (108) however the specification does not provide this structure with the capability to move a workpiece, only to hold the workpiece as shown. How does the cutter rotate and around what axis is the cutter rotated? For the purposes of examination, the cutting device itself may rotate, have a cutting element that rotates, and any movement of the cutting device with a rational cutting element may adjust the angle of cut.
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 1-9 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 pre-AIA the applicant regards as the invention.
-Regarding claim 1, the phrase “a cutting device configured to: receive the first set of offset values” is unclear. It is unclear how the cutting device is configured to receive the data or offset values. Examiner notes Paragraph 0021-0023 of the specification appear to require a separate structural component (computer 300) to perform the function of relaying information scanning device 104 to the cutting device 106. For the purposes of examination, a secondary element such as a computer or controller will be used to relay information between the structural components.
Claims 2-9 dependent from claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, are rejected as being dependent from a rejected parent claim.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (U.S. Patent No. 2003/0145699).
Regarding claim 1, Kim teaches a system, comprising: a scanning device (204) configured to: scan a first object (200) (Figure 2); compare the first object with a tolerance range and calculate a first set of offset values (Figure 1; Paragraph 0036);
a cutting device (234) configured to receive the first set of offset values (Figure 1; Paragraph 0044-0046 noting a computer sends information received the scanner to the cutting device); and cut the first object based on the first set of offset values (Figures 1-2; Paragraph 0036).
Regarding claim 2, Kim teaches the system of claim 1, wherein the scanning device is further configured to: rescan the first object after the cutting device cuts the first object (Figure 1 and Paragraph 0036); determine whether the cut first object is within a tolerance range and calculate a second set of offset values if the cut first object is not within the tolerance range (Figure 1; Paragraph 0036, 0055).
Regarding claim 3, Kim teaches the system of claim 2, wherein the cutting device is further configured to receive the second set of offset values and adjust the cutting device based on the second set of offset values (Figures 1, 2 and 5; Paragraphs 0055-0056).
Regarding claim 4, Kim teaches the system of claim 3, where the cutting device cuts the first object after adjusting based on the second set of offset values (Figure 1; Paragraph 0036).
Regarding claim 5, Kim teaches the system of claim 4, wherein the cutting device receives a second object and cuts the second object based on the second set of offset values (Figure 1 and Paragraphs 0036-0037; Note multiple workpieces may be cut by the cutting system received by the conveyor using the process as shown in Figure 1).
Regarding claim 6, Kim teaches the system of claim 2, wherein the cutting device (234) receives a second object (Figures 1-2; Note the conveyor belt 202 providing multiple workpieces) and cuts the second object based on the first set of offset values if the cut first object is within the tolerance range (Figure 1; Paragraph 0037 noting multiple workpieces may be cut by the cutting system received by the conveyor).
Regarding claim 7, Kim teaches the system of claim 1, wherein the first object is a tube (Figures 2-4; Examiner notes the workpiece is not positively claimed, and the object to be cut may be a variety of shapes, including a tube shape).
Regarding claim 8, Kim teaches the system of claim 1, wherein the cutting device is configured to rotate around an axis to adjust an angle of a cut (Paragraphs 0048 and 0052 noting a non-linear cutting path and rotating cutting blades).
Regarding claim 9, Kim teaches the system of claim 1, wherein the cutting device etches a shape onto a surface of the first object (Figures 2-4; Paragraphs 0051 and 0064; Examiner notes the cutting to be etching as the cutting devices are the same as provided in the specification (Paragraph 0015 of Applicant’s specification) and the cutting device is capable of removing multiple portions from the workpiece (Figures 6-11))
Related Prior Art
Below is an analysis of the relevance of references cited but not used
- "892 cited references A-J on page 1 establish the state of the art with a variety of scanning and cutting systems.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD D CROSBY JR whose telephone number is (571)272-8034. The examiner can normally be reached Monday-Friday 8:00-4:00.
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/RICHARD D CROSBY JR/ 03/20/2026Examiner, Art Unit 3724