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 § 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 8 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 8 recites, “at least one of the first blade component or the second blade component is trapezoidal or reverse-trapezoidal.” As currently written, claim 8 contradicts the scope of claim 7 which recites, “the first blade component and the second blade component are U-shaped.” In other words, claim 7 establishes each of the first blade component and the second blade component are U-shaped [emphasis added]. However, claim 8 further defines claim 7, defining at least one of the first blade component or the second blade component is trapezoidal. It is unclear what can or cannot be included within the scope of a blade component that is U-shaped and also trapezoidal.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russell (US Publication 2010/0170095). Regarding claim 1, Russell discloses a food processing apparatus (knife, 1), comprising: a first blade component (10) having a proximal end (12, 13) and a distal end (14); and a handle (50) comprises a tang (54), a bolster (53), and a butt (55), wherein the handle (50) is coupled to the first blade component (10) by the proximal end (12, 13) of the first blade component (10) through the bolster (para. 0032-0033). Note: Russell discloses tang (12) at proximal end of first blade component (10) extends through opening (57) in bolster (53) to be received within cavity (59) formed in handle (50). Additionally, Russell discloses first fastener (69) extends through first chassis aperture (56) in bolster (53) and first tang aperture (18) in first blade component (10) when food processing apparatus (1) is assembled. Regarding claim 2, Russell discloses the first blade component (10) comprises a cutting edge (15) at the distal end (along elongated blade portion 11 to distal tip 14 thereof), and a fastening end (tang 12) at the proximal end (fig. 2). Regarding claim 4, Russell discloses a blunt edge (annotated fig. 1) is located on a top side of the bolster (53).
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Claims 1-4, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fisher (US Patent 4,030,150). Regarding claim 1, Fisher discloses a combination hand tool capable of being used as a food processing apparatus, comprising: a first blade component (15) having a proximal end (22) and a distal end (25); and a handle (10) comprising a tang (cylinder body portion thereof), a bolster (12), and a butt (16), wherein the handle is coupled to the first blade component (fig. 2) by the proximal end of the first blade component through the bolster (proximal end 22 of first blade component 15 extends through bolster 12). Note: Fisher discloses an alternative embodiment in which first blade component is a knife-saw head attachment (17) with knife blade (30) rather than hatchet-hammer head attachment (15). Either attachment is capable of being used to perform the function of a food processing apparatus.
Regarding claim 2, Fisher discloses the first blade component comprises a cutting edge (25) at the distal end (fig. 2), and a fastening end (threaded male connecting portion 22) at the proximal end (fig. 2). Regarding claim 3, Fisher discloses another blade component in the form of a hook knife projecting from butt (16) at opposite end of handle (10), wherein a cutting edge (19) thereof is configured to face the handle (fig. 2). Note: As an alternative interpretation, hook knife blade component (19, 20) can be interpreted as the claimed “first blade component,” wherein conical shoulder portion (16) corresponds to the claimed “bolster” and shoulder (12) corresponds to the claimed “butt” as set forth in claim 1, such that a cutting edge (19) of the first blade component is configured to face the handle (fig. 2). Regarding claim 4, Fisher discloses a blunt edge (i.e., peripheral edge of shoulder portion 12 is rounded) is located on a top side of the bolster (a portion of the peripheral edge of shoulder portion 12 is located on a top side thereof when apparatus 8 is held as shown in fig. 2). Regarding claim 6, Fisher discloses a second blade component (19, 20) having a proximal end (portion attached to butt 16) and a distal end (conical point 18), and wherein the second blade component is configured to couple to the butt by the proximal end of the second blade component (i.e., formed integrally therewith), wherein the distal end of the second blade component comprises a cutting edge (19), and the proximal end of the second blade component comprises a fastening end (i.e., the portion of second blade component immediately adjacent to butt 16 is fastened thereto). Regarding claim 9, Fisher discloses the second blade component (19, 20) is U-shaped (i.e., in the shape of a hook, fig. 2).
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher (US Patent 2,505,917) in view of Russell (US Publication 2010/0170095)
Regarding claim 1, Schumacher discloses a food processing apparatus (“kitchen tool”), comprising:
a first blade component (8) having a proximal end (tapered portions of side walls 19) and a distal end (at V-nose 21); and
a handle (formed by elongated parallel strands of wire 16). Schumacher fails to disclose the handle comprises a tang, a bolster, and a butt, wherein the handle is coupled to the first blade component by the proximal end of the first blade component through the bolster. However, Russell teaches it is known in the art of hand-held food preparation equipment having at least a first blade component (10) and a handle (50) comprising a tang (54), a bolster (53), and a butt (55), wherein the handle (50) is coupled to the first blade component (10) by the proximal end (12, 13) of the first blade component (10) through the bolster (para. 0032-0033). Russel teaches tang (12) at proximal end of first blade component (10) extends through opening (57) in bolster (53) to be received within cavity (59) formed in handle (50). Additionally, Russell discloses first fastener (69) extends through first chassis aperture (56) in bolster (53) and first tang aperture (18) in first blade component (10) when food processing apparatus (1) is assembled. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the food preparation apparatus of Schumacher with the teaching of Russell such that the handle comprises a tang (54), a bolster (53), and a butt (55), wherein the handle (50) is coupled to the first blade component (10) by the proximal end (12, 13) of the first blade component (10) through the bolster (para. 0032-0033) in order to improve ergonomics and increase stiffness of the food preparation apparatus.
Regarding claim 2, Schumacher discloses the first blade component (8) comprises a cutting edge (21) at the distal end (fig. 2), and a fastening end (formed by pockets that receive wire handle portions 16; as modified, the tapered portions of side walls 19 are joined to bolster, as taught by Russell) at the proximal end (fig. 2). Regarding claim 3, Schumacher discloses the cutting edge (21) is configured to face the handle (i.e., positioned orthogonal to the handle).
Regarding claim 4, the modified food processing apparatus of Schumacher substantially disclosed above includes a blunt edge (Russell, annotated fig. 1) located on a top side of the bolster (Russell, 53). Regarding claim 5, Schumacher discloses the first blade component is U-shaped (Schumacher, col. 2, lines 42-48). Regarding claim 6, Schumacher discloses a second blade component (7) having a proximal end (tapering portions of side walls 14) and a distal end (at cutting portion 12), and wherein the second blade component is configured to couple to the butt (at opposite end of handle) by the proximal end of the second blade component (Schumacher, fig. 3), wherein the distal end of the second blade component comprises a cutting edge (Schumacher, col. 2, lines 7-19), and the proximal end of the second blade component comprises a fastening end (e.g., sockets disclosed by Schumacher).
Claims 7, 9 and as best understood, claim 8, are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher (US Patent 2,505,917) and Russell (US Publication 2010/0170095) in view of Tracy (US Patent 5,920,991).
Regarding claims 7-9, the modified food processing apparatus of Schumacher substantially disclosed above fails to disclose the following: In claim 7, the first blade component and the second blade component are U-shaped; In claim 8, at least one of the first blade component or the second blade component is trapezoidal or reverse-trapezoidal; and In claim 9, the second blade component is U-shaped.
However, Tracy teaches it is known in the art of food processing devices to provide blades therefore so as to come in a variety of shapes depending on the type of food product being processed or the shape or cutting effect desired by the user. For example, Tracy teaches a variety of U-shaped blades (figs 1-3 and 8-10), trapezoidal blades of different widths (figs. 5 and 6), and circular blades (fig. 7) are known in the art. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the food processing apparatus of Schumacher with the teaching of Tracy such that the first blade component and the second blade component are U-shaped (as per claim 7); at least one of the first blade component or the second blade component is trapezoidal or reverse-trapezoidal (as per claim 8); and the second blade component is U-shaped (as per claim 9) because the substitution of one known element for another would have yielded predictable results and all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Tracy (US Patent 5,920,991) in view of Russell (US Publication 2010/0170095).
Regarding claim 1, Tracy discloses a food processing apparatus (fig. 8), comprising:
a first blade component (60) having a proximal end (straight portions joined to handle 15) and a distal end (at central portion of curved blade 60); and
a handle (15) comprising a bolster (first end 18 with concave finger support region 42) and a butt (second end 20), wherein the handle (12) is coupled to the first blade component (60) by the proximal end of the first blade component (fig. 8) through the bolster (col. 3, lines 12-14). Tracy fails to disclose the handle includes a tang. However, Russell teaches Russell teaches it is known in the art of hand-held food preparation equipment having at least a first blade component (10) and a handle (50) to form the handle with a tang (54), a bolster (53), and a butt (55), wherein the handle (50) is coupled to the first blade component (10) by the proximal end (12, 13) of the first blade component (10) through the bolster (para. 0032-0033). Russel teaches tang (12) at proximal end of first blade component (10) extends through opening (57) in bolster (53) to be received within cavity (59) formed in handle (50). Additionally, Russell discloses first fastener (69) extends through first chassis aperture (56) in bolster (53) and first tang aperture (18) in first blade component (10) when food processing apparatus (1) is assembled.
It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the food preparation apparatus of Tracy with the teaching of Russell such that the handle comprises a tang (54), a bolster (53), and a butt (55), wherein the handle (50) is coupled to the first blade component (10) by the proximal end (12, 13) of the first blade component (10) through the bolster (para. 0032-0033) in order to improve ergonomics and increase stiffness of the food preparation apparatus. Regarding claim 2, Tracy discloses the first blade component comprises a cutting edge at the distal end (as cutting portion 60) and a fastening end at the proximal end (col. 3, lines 12-14). Regarding claim 3, Tracy discloses the cutting edge is configured to face the handle (as shown in fig. 8). Regarding claim 4, the modified food processing apparatus of Tracy substantially disclosed above includes a blunt edge (Russell, annotated fig. 1) located on a top side of the bolster (Russell, 53). Regarding claim 5, Tracy discloses the first blade components is U-shaped (fig. 8).
Claims 6-7, 9, and as best understood, claim 8, are rejected under 35 U.S.C. 103 as being unpatentable over Tracy (US Patent 5,920,991) and Russell (US Publication 2010/0170095) in view of Schumacher (US Patent 2,505,917).
Regarding claim 6-9, the modified food preparation apparatus of Tracy substantially disclosed above fails to include the following: In claim 6, a second blade component having a proximal end and a distal end, and wherein the second blade component is configured to couple to the butt by the proximal end of the second blade component, wherein the distal end of the second blade component comprises a cutting edge, and the proximal end of the second blade component comprises a fastening end; In claim 7, the first blade component and the second blade component are U-shaped;
In claim 8, at least one of the first blade component or the second blade component is trapezoidal or reverse-trapezoidal; and
In claim 9, the second blade component is U-shaped.
However, Schumacher teaches it is known in the art of food preparation apparatus to provide a second blade component (e.g., blade 8) in addition to a first blade component (e.g., blade 7) joined to an opposite end of the handle with respect to the first blade component (figs. 1-3); the second blade component being attached in the same or similar manner as the first blade component to the butt of the handle (figs. 1-3). Additionally, Schumacher teaches the first and second blade components are different for serving specific purposes (i.e., cutting different portions of a fruit). This suggests it is known to those having an ordinary skill in the art that the user can select from a variety of known shapes depending on the intended use of their food preparation apparatus. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the food preparation apparatus of Tracy substantially disclosed above fails with the teaching of Schumacher so as to include a second blade component having a proximal end and a distal end, and wherein the second blade component is configured to couple to the butt by the proximal end of the second blade component, wherein the distal end of the second blade component comprises a cutting edge, and the proximal end of the second blade component comprises a fastening end (as per claim 6); the first blade component and the second blade component are U-shaped (as per claim 7); at least one of the first blade component or the second blade component is trapezoidal or reverse-trapezoidal (as per claim 8); and the second blade component is U-shaped (as per claim 9) because the substitution of one known element for another would have yielded predictable results and all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gates (US Patent 339,542) discloses a multi-use cutting tool for food preparation. Nagasse (US Patent 850,871) discloses a double-ended vegetable peeler and scraper. Holsinger (US Patent 1,578,827) discloses a double-ended kitchen tool. Krilow (US Patent 2,450,348) discloses a kitchen cutting tool. Moore (US Patent 2,549,326) discloses a citrus fruit peeler.
Kuka (US Patent 4,083,107) discloses a double-ended citrus peeling knife. Jagger (US Patent 4,380,122) discloses a knife with a bolster. Peters (US Patent 6,968,624) discloses a double-ended carrot scoop. Dorion et al (US Patent 7,421,786) discloses a double-ended avocado pitter/slicer. Harris et al (US Publication 2015/0135539) discloses a food preparation tool.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 April 2, 2026
/GHASSEM ALIE/Primary Examiner, Art Unit 3724 04/02/2026