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 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/04/2024 and 03/20/2025 have been considered by the examiner.
Election/Restrictions
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/12/2026.
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 1-8, 10, 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McGuffin-Noll et al. (US 10,464,230) hereinafter McGuffin.
Regarding claim 1, McGuffin teaches a food product slicer (1100)(Figure 15) comprising: a base(1200)(Figure 15); a knife (1300) mounted for rotation relative to the base, the knife having a cutting edge (1320)(Figure 15); a carriage (900) mounted to the base for reciprocal movement back and forth past the cutting edge of the knife; a drive assembly (1000) for moving the carriage, wherein the drive assembly comprises a movable belt (1020) and a component (100) fixed to the belt for movement therewith, wherein the component is linked to the carriage such that movement of the component with the belt causes movement of the carriage, wherein the component is configured to operate as a belt tensioner that includes a non-linear path through which a portion of the belt passes to tension the belt (Figures 6 and 8; Col. 5, Lines 1-53).
Regarding claim 2, McGuffin teaches the food product slicer of claim 1, wherein the component comprises a clamp assembly (240, 400)(Figure 8).
Regarding claim 3, McGuffin teaches he food product slicer of claim 2, wherein the clamp assembly includes a protruding part (240) and a recessed part (400) that, together, are configured to define a shape of at least part of the non-linear path (Figure 8).
Regarding claim 4, McGuffin teaches the food product slicer of claim 3, wherein at least one of the protruding part and the recessed part include a plurality of teeth that engage with the portion of the belt (Figures 8 and 11; Col. 12, Lines 20-27).
Regarding claim 5, McGuffin teaches the food product slicer of claim 3, wherein the shape of the non-linear path is U-shaped or V-shaped (Figure 8).
Regarding claim 6, McGuffin teaches the food product slicer of claim 2, wherein the clamp assembly engages the portion of the belt to link the carriage to the drive assembly (Figures 6 and 8; Col. 5, Lines 41-48).
Regarding claim 7, McGuffin teaches the food product slicer of claim 6, wherein the clamp assembly includes a first portion fixed to a transport that is connected to carriage, and a second portion that clamps onto the first portion (Figure 10 and Annotated Figure 11 below).
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Regarding claim 8, McGuffin teaches the food product slicer of claim 7, wherein the transport is a tubular part the moves along a slide rod (Figure 10 and Annotated Figure 11 above).
Regarding claim 10, McGuffin teaches the food product slicer of claim 1, wherein the non-linear path is configured, at least in part, as an undulating path that forces the portion of the belt to take on a corresponding undulating shape (Figure 8; Noting belt engagement surface 241, the belt is within the recess, thus occupying the space, and the undulating shape).
Regarding claim 11, McGuffin teaches a food product slicer (1100)(Figure 15), comprising: a base (1200) a knife (1300) mounted for rotation relative to the base, the knife having a cutting edge (1320)(Figure 15); a carriage (900) mounted to the base for reciprocal movement back and forth past the cutting edge of the knife and a drive assembly (1000) for moving the carriage, wherein the drive assembly comprises a movable belt (1020) and a component (100) clamped to the belt for movement therewith, wherein the component is linked to the carriage such that movement of the component with the belt causes movement of the carriage, wherein a configuration of a clamping engagement of the component onto the belt is such that the belt is tensioned by the clamping engagement, and such that a release of the clamping engagement of the component onto the belt reduces tension of the belt (Figures 6 and 8; Col. 5, Lines 1-53).
Regarding claim 13, McGuffin teaches the food product slicer of claim 11, wherein the clamping engagement of the component onto the belt forces at least part of the belt to bend into an undulating shape (Figure 8; Noting belt engagement surface 241, the belt is within the recess, thus occupying the space, and the undulating shape).
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.
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over McGuffin (US 10,464,230).
Regarding claim 9, McGuffin teaches the food product slicer of claim 1, and wherein a segment of the belt is movable along a substantially linear path during movement of the carriage, where in the portion of the belt is located along the segment of the belt, wherein the non-linear path is configured such that at least part of the portion of the belt is offset from the linear path (Figures 6, 8 and 11);
Regarding claim 12, McGuffin teaches the food product slicer of claim 11, and wherein a segment of the belt is movable along a substantially linear path during movement of the carriage (Figures 6, 8 and 11), wherein the clamping engagement of the component onto the belt offsets at least part of the belt from the linear path (Figures 6 and 8).
McGuffin does not provide the belt is offset from the linear path by at least 4 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of McGuffin to provide the belt as offset from the linear path by at least 4 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984).
In the instant case, the device of McGuffin would not operate differently with the claimed offset distance and since the belt is intended to reside within the recessed portion of the clamping assembly, as is already offset, the device would function appropriately having the claimed offset distance of at least 4mm. Further, applicant places no criticality on the range claimed, indicating simply that the diameter “may” be within the claimed ranges (specification pp. [0025]).
Related Prior Art
Below is an analysis of the relevance of references cited but not used
- "892 cited references A-M on page 1 and A-C, E-J on Page 2 establish the state of the art with a variety of slicing devices, driving mechanisms and belt tensioning mechanisms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD D CROSBY JR whose telephone number is (571)272-8034. The examiner can normally be reached Monday-Friday 8:00-4:00.
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/RICHARD D CROSBY JR/ 06/23/2026Examiner, Art Unit 3724
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