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 .
Election/Restrictions
1. Applicant’s election of Group IA (claims 2-4) in the reply filed on 03/04/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
2. Claims 5-13 and 16-18 withdrawn from further consideration pursuant to 37
CFR 1.142(b) as being drawn to a nonelected inventions and Species, there being no allowable generic or linking claim.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable
interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by
sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The limitation use the wors means in the claims is:
“guide means” in claim 1.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“an auxiliary mounting system” recited in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 1-4, 14, 15, and 19-20 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.
Regarding claim 1, “wherein at least a subset of the cutting tools is mounted on a removable cutting tool housing” is unclear. The term “subset of the cutting tools” renders the claim indefinite because it is unclear which cutting tools are included in the subset that is mounted on the removable cutting tool housing.
Claim 1 also recites, “the set of cutting tools comprises a slicing knife, a slice guide, and optionally a circular cutter and/or a cross cutter”. Claim 15 also recites, “the set of cutting tools comprising a slicing knife for cutting a slice from the product, a slice guide for guiding the cutoff slice, and optionally a circular and/or a cross cutter for further cutting the slice into strips or dices.” However, the limitation “at least a subset of the cutting tools” fails to specify which of these cutting tools are mounted on the removable cutting tool housing. As a result, the metes and bounds of the claimed apparatus are unclear because the claim encompasses multiple indeterminate configurations in which any one or more of the cutting tools may or may not be mounted on the removable cutting tool housing. Accordingly, it is unclear what structural relationship between the cutting tools and the removable cutting tool housing is required by the claim.
Claim Rejections - 35 USC § 102
7. 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.
8. Claims 1 and 14-15, and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Tiby (3,857,310), hereinafter Tiby ‘310. Regarding claim 1, as best understood, Tiby ‘310 teaches a cutting apparatus 10 for cutting product 31 into slices, strips or dices, the cutting apparatus comprising: a feed drum 30 to which product 31 to be cut is fed and wherein the product is moved towards a peripheral opening 36 in the drum; a set of cutting tools (25, 40, 45) which are in use mounted at said peripheral opening 36 in the drum 30 and are provided for cutting the product, the set of cutting tools comprising a slicing knife 25 for cutting a slice from the product, a slice guide 39 for guiding the cut off slice, and optionally a circular cutter 45 and/or a cross cutter for further cutting the slice into strips or dices; wherein at least a subset of the cutting tools is mounted on a removable cutting tool housing 16 (as the tool housing 16 which can be disengaged from the pin 17 of the housing 10 at one end and disengaged via screw 19 from the chamber 11 of the housing 10 at the other end), wherein the cutting apparatus further comprises an auxiliary mounting system (17, 18) for supporting the removable cutting tool housing upon installation on and removal from the cutting apparatus 10, the auxiliary mounting system comprising guide means 17 which are provided for guiding the removable cutting tool housing between a first position and a second position, the first position being a use position wherein the housing is mounted adjacent the peripheral opening 36 in the drum 30 and the second position being a predefined position on the guide means wherein the housing 15 is spaced (as pivots away from the drum 30) from the drum and can be removed from the guide means. See Figs. 1-5 in Tiby ‘310.
Regarding claim 14, Tiby ‘310 teaches everything noted above including that the set of cutting tools further comprises the circular cutter 40 and/or the cross cutter 45 for further cutting the slice into strips or dices.
Regarding claim 15, as best understood, Tiby ‘310 teaches a cutting unit (Fig. 3), provided for being removably (as the cutting unit can be disengaged from the pin 17 of the housing 10 at one end and as disengaged from the chamber 11 of the housing 10 at the other) mounted on a cutting apparatus 10 for cutting product 31 into slices (Fig. 4), strips or dices (Fig. 4), the cutting unit comprising: a cutting tool housing 15, provided for being mounted on the cutting apparatus 10, a set of cutting tools (25, 40, 45) which are in use provided for cutting the product, the set of cutting tools comprising a slicing knife 25 for cutting a slice from the product 31, a slice guide 36 for guiding the cut off slice, and optionally a circular cutter 45 and/or a cross cutter for further cutting the slice into strips or dices (Fig. 4) wherein a slice thickness for the cutting apparatus is preset on the cutting unit by means of the distance 20 between the slicing knife 25 and the slice guide 39. See Figs. 1-5 in Tiby ‘310.
Regarding claim 19, Tiby ‘310 teaches everything noted above including that the set of cutting tools further comprises the circular cutter 40 and/or the cross cutter 45 for further cutting the slice into strips or dices.
Regarding claim 20, Tiby ‘310 teaches everything noted above including a cutting system comprising a cutting apparatus 10 according to claim 1 and/or a cutting unit according to claim 15.
9. Claims 15 and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being
anticipated by Walker et al. (2004/0079211 A1), hereinafter Walker. Regarding claim 15, as best understood, Walker teaches a cutting unit (defined by the slicing knife 20, the knife drum 24, and the slicing gate 16, which are mounted on the slicing machine 10; Figs. 1 and 4), provided for being inherently removably mounted on a cutting apparatus 10 for cutting product into slices, strips or dices, the cutting unit comprising: a cutting tool housing (defined as the cover that covers the cutting unit and it is mounted on the cutting apparatus 10; Figs. 1 and 4) , provided for being mounted on the cutting apparatus, a set of cutting tools which are in use provided for cutting the product, the set of cutting tools comprising a slicing knife 20 for cutting a slice from the product, a slice guide 16 for guiding the cut off slice, and optionally a circular cutter 22 and/or a cross cutter for further cutting the slice into strips or dices; wherein a slice thickness for the cutting apparatus is preset on the cutting unit by means of the distance between the slicing knife 20 and the slice guide 16. See Figs. 1-9 in Walker.
Regarding claim 19, walker teaches everything noted above including that the set of cutting tools further comprises the circular cutter 20 and/or the cross cutter for further cutting the slice into strips or dices.
Regarding claim 20, walker teaches everything noted above including a cutting system comprising a cutting apparatus 10 according to claim 1 and/or a cutting unit according to claim 15.
10. Claims 15 and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being
anticipated by Tiby (3,361,171), hereinafter Tiby ‘171. Regarding claim 15, as best understood, Tiby ‘171 teaches a cutting unit (defined by the slicing knife 23, the knife drum 75, and the slicing gate 21, which are mounted on the slicing machine 10; Fig. 1), provided for being removably (as the housing 132 of the knife drum 75 is removably by screws 134 connected to the cutting apparatus and the slicing knife 23 releasably by screw 28 is connected to the cutting apparatus) mounted on a cutting apparatus 10 for cutting product (F) into slices (S), strips or dices (C), the cutting unit comprising: a cutting tool housing 132, provided for being mounted on the cutting apparatus 10, a set of cutting tools which are in use provided for cutting the product, the set of cutting tools comprising a slicing knife 18 for cutting a slice from the product (F), a slice guide 21 for guiding the cut off slice (S), and optionally a circular cutter 75 and/or a cross cutter for further cutting the slice into strips or dices (C) wherein a slice thickness for the cutting apparatus is preset on the cutting unit by means of the distance between the slicing knife 23 and the slice guide 21. It should be noted that door member 18 which includes the passageway 22 that determines preset thickness of slices (S) is interchangeable with another door member having a different size passageway 22 (col. 2, lines 56-65). See Figs. 1-5 in Tiby ‘171.
Regarding claim 19, Tiby ‘171 teaches everything noted above including that the set of cutting tools further comprises the circular cutter 75 and/or the cross cutter for further cutting the slice into strips or dices.
Regarding claim 20, Tiby ‘171 teaches everything noted above including a cutting system comprising a cutting apparatus 10 according to claim 1 and/or a cutting unit according to claim 15.
Claim Rejections - 35 USC § 103
11. 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.
12. Claims 1-4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Park (KR 101804821 B1), hereinafter Park. Regarding claim 1, as best understood, Walker teaches a cutting apparatus 10 for cutting product into slices, strips or dices, the cutting apparatus comprising: a feed drum 32 to which product to be cut is fed and wherein the product is moved towards a peripheral opening (where the cutting slot 42 is located; Fig. 7) in the drum; a set of cutting tools (20, 22) which are in use mounted at said peripheral opening in the drum and are provided for cutting the product, the set of cutting tools comprising a slicing knife for cutting a slice from the product, a slice guide 16 for guiding the cut off slice, and optionally a circular cutter 22 and/or a cross cutter for further cutting the slice into strips or dices, at least a subset 22 of the cutting tools is mounted on a removable cutting tool housing 24. It should be noted that the housing 24 is inherently removably connected to the cutting apparatus 10. See Figs. 1-9 in Walker.
Walker does not explicitly teach that cutting apparatus further comprises an auxiliary mounting system for supporting the removable cutting tool housing upon installation on and removal from the cutting apparatus, the auxiliary mounting system comprising guide means which are provided for guiding the removable cutting tool housing between a first position and a second position, the first position being a use position wherein the housing is mounted adjacent the peripheral opening in the drum and the second position being a predefined position on the guide means wherein the housing is spaced from the drum and can be removed from the guide means.
However, Park teaches a cutting apparatus including a removable cutting tool housing 150 and an auxiliary mounting system (120, 163) for supporting the removable cutting tool housing (140, 150) upon installation on and removal from the cutting apparatus, the auxiliary mounting system comprising guide means (120, 163) which are provided for guiding the removable cutting tool housing between a first position and a second position, the first position being a use position wherein the housing is mounted adjacent the peripheral opening in the drum and the second position being a predefined position on the guide means wherein the housing is spaced from the drum and can be removed from the guide means. See Figs. 1-3 in Park. It would have been obvious to a person of ordinary skill in the art to provide Walker’s cutting apparatus with the removable arrangement for the cutting tool housing, as taught by Park, in order to facilitated removable and replacement of the cutting tool housing.
Regarding claim 2, Walker, as modified by Park, teaches everything noted above including that the guide means (120, 163) comprise guide surfaces (defined by the surfaces of the frame unit 120 that includes notches; Fig. 3), wherein the second position is defined by notches in the guide surfaces for receiving complementary parts (141, 145) of the cutting tool housing (140, 150).
Regarding claim 3, Walker, as modified by Park, teaches everything noted above including that the guide surfaces have a downward slope (defined by the slips that formed one of the notches which receive the mounting shaft 154; Fig. 3) from the second position towards the first position.
Regarding claim 4, Walker, as modified by Park, teaches everything noted above including that the guide surfaces extend substantially perpendicular to a cutting plane which is defined by the slicing knife in use.
Regarding claim 14, Walker, as modified by Park, teaches everything noted above including that the set of cutting tools further comprises the circular cutter 22 and/or the cross cutter for further cutting the slice into strips or dices.
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Klockow et al. (2015/0258700 A1), Urschel et al. (3,472,297), Pinegar et al. (4,625,606), and Arrasmith et al. (6,883,411 B2) teach a cutting apparatus.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GHASSEM ALIE whose telephone number is (571) 272-4501. The examiner can normally be reached on 8:30 am-5:00 pm EST.
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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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/GHASSEM ALIE/Primary Examiner, Art Unit 3724
March 10, 2026