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 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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 3125139, Weinzierl.
Regarding Claim 1, Weinzierl discloses a round blade (fig. 1, 1) for slicing (Col. 1, 10-15), wherein a plurality of blade surfaces (8-11) each having an arc shape (since the blade/gullet parts are arcuate) and centered on a rotation center of a round blade main body (body of blade 1, having center rotation axis at 3 and about which the teeth 8 are centered) are disposed to be spaced apart from each other on an outer peripheral portion of the blade main body (fig. 1), and a non-blade surface portion (combination of cut away portion(s) 7) is disposed between the adjacent blade surfaces (fig. 1), and an outer end portion of the non-blade surface portion in a radial direction is located radially inward with respect to an outer end portion of the blade surface in the radial direction (since the blade parts 8, at the teeth 10, extend further away from point 3 than do the cut away portions 7).
Regarding Claim 2, in Weinzierl: an outer edge portion of the non-blade surface portion in the radial direction is formed in a linear shape (fig 1) that connects end portions of blade edges of the adjacent blade surfaces in a circumferential direction (see Fig. 1).
Claims 1 and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by: USPN 3965535, Kaplan.
Regarding Claim 1, Kaplan discloses a round blade (figs. 6-9, blades 94 and 92) for slicing (Col. 6, 10-35), wherein a plurality of blade surfaces (92c / 92e) each having an arc shape (fig. 7) and centered on a rotation center of a round blade main body (body of blade 92a, having center rotation axis at 104/103 and about which the surface 92c are centered) are disposed to be spaced apart from each other on an outer peripheral portion of the blade main body (fig. 8), and a non-blade surface portion (99) is disposed between the adjacent blade surfaces (fig. 7-9), and an outer end portion of the non-blade surface portion in a radial direction is located radially inward with respect to an outer end portion of the blade surface in the radial direction (since the blade parts 92c extend further away from parts 104/103 than do the cut away portions 99 and 98).
Regarding Claim 3, Kaplan discloses A slicing device comprising: a cutter device (combined pars 96-98 and 103 104) having a round blade for slicing according to Claim 1 (see above)
a workpiece holding part (90) configured to hold a workpiece (col. 10, 10-30);
a relative movement device configured to relatively move the workpiece holding part and the cutter device in a slicing direction in which a meat part of the workpiece is sliced (col. 10, lines 15-20); and a slicing position operating part (col 9, 1-20, part 130 which “adjusts the lateral spacing of the discs”) configured to move the round blade for slicing of the cutter device toward and away with respect to the workpiece, that moves relatively in the slicing direction, in a direction intersecting the slicing direction (col 9, 10-20).
Regarding Claim 4, in Kaplan the workpiece is bone-in meat with a meat part attached to a bone part (col. 10, 10-30), the workpiece holding part holds the bone part of the bone-in meat (col. 10, 10-30), and the cutter device slices the meat part of the bone-in meat from the bone part (col. 10, 1-30).
Regarding Claim 5, Kaplan discloses: a slicing method for a workpiece, comprising: while rotating a round blade for slicing according to Claim 1 (see above) and (col. 6, 1-30);
relatively moving the workpiece and the round blade for slicing in a slicing direction (col. 10, 10-30); and displacing the round blade for slicing from a direction intersecting the slicing direction with respect to the relatively moving workpiece (col. 10, 10-30).
Regarding Claim 6, Kaplan includes the slicing method for a workpiece according to claim 5, wherein the workpiece is bone-in meat (col. 10, 10-30) with a meat part attached to a bone part (col. 6, 1-30), and a position of the slicing blade in a direction intersecting the slicing direction is displaced along an outer surface shape of the bone part with respect to the bone-in meat (col. 10, 10-30) that moves relatively in a longitudinal direction of the bone part (col. 10, 10-30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20110179932 5022299 9517571 D502715 3125139 5690009 5054177 2975504 3125139 8707842 5345848 3937408 9003963 5445561 1846020 1876075 4039011 4382397 5345848 D569209 6461940 3496618 3496618 4512689 S and RE45845, each disclose state of the art blades having unique shapes and certain cut outs. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/ Supervisory Patent Examiner, Art Unit 3724
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