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 .
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
When there are drawings, there shall be a “brief description of the several views of the drawings” (See 37 C.F.R. 1.74.).
The section heading “brief description of the several views of the drawings” as set forth in 37 C.F.R. 1.74 is missing. Please correct.
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.
Claims 11-15, 17 and 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "said carousel" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one carousel".
Claim 11 recites the limitation "said carousel" in line 4. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one carousel".
Claim 11 recites the limitation "said carousel" in line 5. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one carousel".
Claim 11 recites the limitation "said seat" in line 6. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one seat".
Claim 11 recites the limitation "said carousel" in line 7. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one carousel".
Claim 11 recites the limitation "said seat" in line 8. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one seat".
Claim 11 recites the limitation "the longitudinal partitioning" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "a longitudinal partitioning".
Claim 11 recites the limitation "said carousel" in line 11. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one carousel".
Claim 11 recites the limitation "said seat" in line 12. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one seat".
Claim 12 recites the limitation "the said plant" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one plant".
Claim 12 recites the limitation "said seat" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one seat".
Claim 17 recites the limitation "said longitudinal cutting" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said longitudinally cutting".
Claim 17 recites the limitation "plant" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one plant".
Claim 18 recites the limitation "the plant" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "said at least one plant".
Clarification and/or correction 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)(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) 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Aro (GB1500250).
Regarding claim 19, Aro (‘250) teaches a plant product as a substitute for pasta, obtained by a subdivision of a plant into pieces of predefined shape and size evoking those of a preset pasta format, said plant being root crops (See p. 2, ll. 7-56 and FIGs.).
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Regarding claim 20, Aro (‘250) teaches wherein said plant is potatoes (See p. 2, ll. 7-56.).
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.
Claim(s) 11, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carousel Cutting Machine (2021).
Regarding claim 11, Carousel Cutting Machine (2021) teaches a system for the production of plant products as substitutes for pasta (See entire document.), the system comprising at least one carousel provided with at least one seat for stably accommodating at least one plant (See entire document.),
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rotations of said carousel being adapted for temporary alignment with perimetric stations of said carousel, and wherein: at least one first perimetric station of said carousel comprises means configured to transfer said at least one plant onto said seat; at least one second perimetric station of said carousel comprises means configured to transversely cut said at least one plant arranged on said seat, for the longitudinal partitioning according to predefined shapes and sizes of said at least one plant; in order to provide said plant products as substitutes for pasta (See entire document.), however, fails to expressly disclose and at least one third perimetric station of said carousel comprises means configured to longitudinally cut said at least one plant arranged on said seat.
Applicant does not set forth any non-obvious unexpected results for providing one cut configuration over another.
It would have been foreseeable and obvious prior to the earliest effective filing date to cut the potatoes into any desired shape based on consumer preference. The selection of shape would have been within the skill set of a person having ordinary skill in the art.
Regarding claim 14, Carousel Cutting Machine (2021) teaches the system discussed above, however, fails to expressly disclose wherein said at least one seat comprises respective elements adapted for immobilizing and centering said at least one plant on said at least one seat.
Applicant does not set forth any non-obvious unexpected results for providing one configuration over another.
It would have been foreseeable and obvious prior to the earliest effective filing date to configure the system into any desired configuration based on consumer preference. The selection of configuration would have been within the skill set of a person having ordinary skill in the art.
Regarding claim 15, Carousel Cutting Machine (2021) teaches wherein said at least one plant is chosen from root crops (See entire document, potatoes.).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carousel Cutting Machine (2021) in view of Park (KR 100712174).
Regarding claim 12, Carousel Cutting Machine (2021) teaches the system discussed above, however, fails to expressly disclose further comprising at least one fourth perimetric station, provided with apparatuses for washing and cleaning, for removal of residues of the said plant which are present on said seat following cutting operations.
Park (‘174) teaches washing/cleaning potatoes to be cut and consumed to provide a sanitary food consumable by humans (See entire document, including claims.).
It would have been foreseeable and obvious prior to the earliest effective filing date to clean Carousel Cutting Machine’s (2021) potatoes as taught by Park (‘174) to provide a sanitary food for human consumption.
Regarding claim 13, Carousel Cutting Machine (2021) teaches the system discussed above, however, fails to expressly disclose further comprising at least one assembly configured to freeze the plant products and to package predefined quantities of said plant products, optionally with other semi-finished additive products.
Park (‘174) teaches packaging the potato products for later consumption (See entire document.).
It would have been foreseeable and obvious prior to the earliest effective filing date to package Carousel Cutting Machine’s (2021) potatoes as taught by Park (‘174) to provide that can be consumed at a later date. It further would have been foreseeable and obvious prior to the earliest effective filing date to freeze the potatoes so they can be consumed at a later date. The selection of packaging and freezing would have been within the skill set of a person having ordinary skill in the art to provide a potato a potato that can be consumed when desired without significant degradation.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aro (GB1500250) in view of Park (KR 100712174).
Regarding claim 16, Aro (‘250) teaches cutting potatoes into pieces and subjecting to thermal treatment/frying (See p. 2, ll. 7-56 and FIGs.), however, fails to expressly disclose cutting as claimed and washing.
Park (‘174) teaches washing/cleaning potatoes to be cut and consumed to provide a sanitary food consumable by humans (See entire document, including claims.).
It would have been foreseeable and obvious prior to the earliest effective filing date to clean Aro’s (‘250) potatoes as taught by Park (‘174) to provide a sanitary food for human consumption.
Regarding claim 17, Aro (‘250) teaches wherein said longitudinal cutting operation is obtained by extrusion of said pieces of plant through a set of blades distributed according to a predefined arrangement (See p. 2, ll. 7-56.).
Regarding claim 18, Aro (‘250) teaches the method discussed above, however, fails to expressly disclose wherein said cutting is executed along a path that is inclined with respect to a longitudinal axis of the plant, conferring a wedge shape on at least one of ends of said pieces.
Applicant does not set forth any non-obvious unexpected results for providing one shape over another.
It would have been foreseeable and obvious prior to the earliest effective filing date to provide any shape as desired, including the claimed shape, to provide a configuration based on consumer preference. The selection of shape would have been within the skill set of a person having ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at 571-272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 July 7, 2026
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