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 .
DETAILED ACTION
Claim Objections
Claim 1 is objected to because of the following informalities: The limitation reading “the apparatus comprises: a body comprises a frame” should read: “the apparatus comprises: a body and the body comprises a frame”.
Claim 4 is objected to because of the following informalities: The limitation reading “wherein the apparatus further comprises a container removably mounted to the body and below the frame” should read: “wherein the apparatus further comprises a container removably mounted to the body and wherein said container is disposed below the frame”.
Claim 7 is objected to because of the following informalities: The limitation reading “the grid blade unit is removably mounted to the frame permitting it to be cleaned or replaced” should read: “the grid blade unit is removably mounted to the frame permitting the grid blade unit[[it]] to be cleaned or replaced”.
Appropriate correction is required.
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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20190263012, Kaposi.
Regarding Claim 1, Kaposi discloses an apparatus (“onion chopper”, par 0023, figs 1-5) for cutting and chopping vegetables (par. 0023, onions), the apparatus comprises:
a body (combination of parts 100, 200, and 300) comprises a frame (300); a
grid blade unit 350 supported by the frame and encased within the frame (Fig. 3); and
a lid (100) having a proximal end (at 111) and a distal end (adjacent grip area 120, par. 0023), wherein the proximal end of the lid is pivotally coupled to a side of the frame (via pivot 110), wherein a bottom of the lid has a grid of blocks (“projections” 120, par. 0025; [although the grip area in Kaposi is referred to as part 120 in par. 0023 and the projections of fig 3 are referred to with the same numeral, it is clear that these are separate parts from the figures), wherein an arrangement of blocks in the grid of blocks corresponds to an arrangement of cells in the grid bade unit (par. 0025), wherein shapes of the blocks correspond to shapes of the cells so that each block is capable for inserting into the respective cell when the lid is closed over the frame (par. 0025 “The projections on the lid are sized and located within the lid such that when the lid is closed one or more projections fits within each of the blade openings”).
Regarding Claim 2, in Kaposi the lid is pivotally coupled using a hinge joint (111, par. 0027).
Regarding Claim 3, in Kaposi the apparatus further comprises a handle (coupled to the distal end of the lid (120 “grip area”, and see also par. 0023 where it is noted that “the lid may optionally have a raised grip area 120 to accommodate the hand of a user in pushing the forward end of the lid downwardly against the container”).
Regarding Claim 4, in Kaposi the apparatus further comprises a container removably mounted to the body and below the frame (“removable bottom section” of container 30, par. 0039).
Regarding Claim 5, in Kaposi a top surface of the lid is flat (see fig. 1, flat portion to the left of portion 120).
Regarding Claim 6, in Kaposi blocks in the grid of blocks are arranged in a plurality of rows running parallel to each other ((fig 3).
Regarding Claim 7, in Kaposi the cells and the blocks are cuboidal in shape (fig 3, and par 0025).
Regarding Claim 8, in Kaposi the grid blade unit is removably mounted to the frame permitting it to be cleaned or replaced (par 0030-0031, since the blade trays 300 and 400 are interchangeable).
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20090158903, Yeung.
Regarding Claim 1, Yeung discloses an apparatus (tool 10) for cutting and chopping vegetables (par. 00-2), the apparatus comprises:
a body (combination of parts 14, 42, and 17) comprises a frame (17); a
grid blade unit 22 supported by the frame and encased within the frame (Fig. 1A=1C); and
a lid (14) having a proximal end (at 41) and a distal end (at 54), wherein the proximal end of the lid is pivotally coupled to a side of the frame (via pivot 41), wherein a bottom of the lid has a grid of blocks (25), wherein an arrangement of blocks in the grid of blocks corresponds to an arrangement of cells in the grid bade unit (par. 0057), wherein shapes of the blocks correspond to shapes of the cells so that each block is capable for inserting into the respective cell when the lid is closed over the frame (par. 0057 “to smoothly fit the fingers 25 into the spaces between the blades 22”).
Regarding Claim 2, in Yeung, the lid is pivotally coupled using a hinge joint (21, par. 0056).
Regarding Claim 3, in Yeung, the apparatus further comprises a handle (combination of parts 11 - 13 and 54) coupled to the distal end of the lid (at pivot point 54).
Regarding Claim 9, in Yeung, the body further comprises legs extending downwards from the frame, wherein the legs and the frame are integral (see Annotated fig. 1A below).
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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 of this title, 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 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yeung as applied to Claim 3 above, and further in view of Kaposi.
Regarding Claim 4, Yeung lacks the apparatus further comprising a container removably mounted to the body below the frame.
Kaposi discloses a vegetable chopper, in the same field of endeavor as the vegetable chopper tool of the present invention and discloses that such a system includes a removable container removably mounted to the body and below the frame (“removable bottom section” of container 30, par. 0039) in order to allow the food being chopped to be collected and transferred, par 0039.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yeung by including a container removably mounted to the body below the frame in order to allow the food being chopped to be collected and transferred, as taught in Kaposi.
Regarding Claim 5, in Yeung, a top surface of the lid 14 is flat (fig. 4).
Regarding Claim 6, in Yeung, the blocks in the grid of blocks are arranged in a plurality of rows running parallel to each other.
Regarding Claim 7, in Yeung the cells and the blocks are cuboidal in shape.
Regarding Claim 8, in Yeung the grid blade unit is removably mounted to the frame permitting it to be cleaned or replaced (fig. 3B, and par 0056).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20190255723 20170297215 10875203 D485328 20160302620 20100095821 20160243714 5303472 20190263012 20060090352 2245978 20090158903 20240165841 20060090352 and 20090158903 and GB 2286110 disclose choppers for food and thus, each of these references disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/ Supervisory Patent Examiner, Art Unit 3724