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 (i.e., changing from AIA to pre-AIA ) 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.
Election/Restrictions
Claims 3-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11 September 2026.
Applicant's election with traverse of Group I-A, claims 1-2, in the reply filed on 11 September 2026 is acknowledged. The traversal is on the ground(s) that Gerber fails to disclose each and every element of claim 1. This is not found persuasive because Applicant’s argument appears to equate the claimed “cutting unit” with its cutting tool and to interpret “during a cutting step” as requiring the cutting tool to actively sever the flat piece at the precise instant the accessory tool performs its operation. The claims do not expressly impose either requirement. The cutting unit encompasses its carriage and associated components, and a cutting step may include controlled movement, deceleration, or stopping of that carriage as part of the cutting sequence. Gerber describes operation of the labeling unit while the cutting carriage slows or stops. Accordingly, the cited passage does not establish that operation of the cutting and accessory processing units is necessarily sequential merely because the cutting tool may not be actively severing material at the instant of labeling. Applicant’s argument therefore does not establish the asserted distinction between the claimed subject matter and the cited disclosure or purposes of the election traversal.
The requirement is still deemed proper and is therefore made FINAL.
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerber (US 3,747,454).
Claim 1:
Gerber discloses a cutting machine for the automated cutting of at least one flat piece made of deformable material (abstract) comprising:
a cutting table (12) which supports a cutting mat (44) and extends between a loading area of the flat piece (14) onto the cutting mat (44) and an unloading area of the flat piece (14) from the cutting mat (44) (figs. 1-6, c2, ll51-64 and c3, ll3-7); the flat piece (14) being translatable on or with the cutting mat (44) from the loading area to the unloading area (see annotated reproduction of fig. 1, below); a cutting unit (20) provided with a blade (20) and movable over the cutting mat (44) to cut the flat piece (14) into shapes and/or along lines according to a predetermined cutting path (figs. 1-6, c2, l64 bridging c3, l2); an accessory processing unit (22) provided with at least one accessory tool (22) and movable over at least a portion of the cutting mat (44) to perform accessory processing of the flat piece (14) according to a predetermined accessory processing path (figs. 1-6, c2, l51 bridging c3, l2); an electronic control unit (24) configured to control the cutting unit (20) and the accessory processing unit (22) (figs. 1-6, c2, l51 bridging c3, l2); the electronic control unit being programmed so as to actuate the accessory processing unit (22) simultaneously to the cutting unit (20) at least during a cutting step of the flat piece (14) (figs. 1-6, c4, l68 bridging c5, l4); wherein the electronic control unit is configured to move the cutting unit (20) within a first area of the cutting mat (44) and move the accessory processing unit (22) within a second area of the cutting mat (44), and wherein the second area coincides with the first area or the second area is within the first area or the second area at least partially overlaps the first area (figs. 1-6, c2, l51 bridging c3, l2 – see also annotated reproduction of fig. 4, below).
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Claim 2:
Gerber discloses a machine according to claim 1, wherein the electronic control unit (24) is programmed to actuate the accessory processing unit (22) simultaneously to the cutting unit (20) when the flat piece (14) at least partially enters the second area of the cutting mat (44) (figs. 1-6, c4, l68 bridging c5, l4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moll (DE 37 34 660 A1) discloses a method and device for producing garments or individual parts thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lee Holly whose telephone number is (571)270-7097. The examiner can normally be reached Monday - Friday 8:00 to 5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lee A Holly/Primary Examiner, Art Unit 3726
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