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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the drawings do not show the meat with bone interacting with the static spreader nor the dynamic spreader nor the at least two tearing fingers, nor the dynamic spreader moveable in a direction perpendicular to the transport path of the poultry parts. Also, the at least two tearing fingers are not shown in figure 4, only one is shown and must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: on page 15, last fourth line from the bottom of page, “170” should be changed to 107. On paragraph 0026, element 118 is shown but not discussed under the Figure 2 discussion. On page 17, element 128 is mentioned as a spreading section and as a dynamic spreader, this is confusing and needs to be corrected.
Appropriate correction is required.
Election/Restrictions
The Applicant has elected claims 1-13 without traverse.
Claim Rejections - 35 USC § 112
Claims 5-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The Examiner does not understand how the meat with bone interacts with the static and dynamic spreaders nor how the at least two tearing fingers operate in that at least two fingers are arranged at opposing sides of the transport path and one tearing finger is movable in a lateral direction.. Additionally, how the dynamic spreader moves in a direction perpendicular to the transport path of the poultry parts. Also, the operational state and the nonoperational state function relative to the dynamic spreader and how it is near the bone or in contact with the bone.
Claim Rejections - 35 USC § 102
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.
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) s 1-4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
Van Den Nieuwelaar et al ( US Patent Publication 2004/0132395). Nieuwelaar et al teach a method and device for processing a carcass part of a slaughtered poultry. The Applicant’s attention is directed to Figure 19 and paragraphs 0204, 0205 and 0206.
Regarding claim 1, Nieuwelaar et al teach a device for processing poultry parts having at least one bone (whole chicken shown in figure 19) comprising:
a conveyor, for transporting poultry parts along a transport path T, including
poultry-carriers 2 for carrying poultry parts 1,
a cutting section (unnumbered define by rails also unnumbered positioned between blade 71 and carrier 2) arranged along the transport path T of the conveyor,
comprising at least one cutting element 71 for making an incision (see discussion in paragraph 0204-0206) in a part of
the meat of poultry parts transported along the transport path T,
a meat spreading section 72, arranged along the transport path T of the
conveyor downstream of the cutting section (unnumbered and includes blade 71) comprising at least one
spreader 72, for spreading the meat adjacent to the incision.
Regarding claim 2, Nieuwelaar et al teach the device according to claim 1, wherein the meat spreading section is
configured for displacement of meat on the two opposing sides adjacent to
said incision. See discussion in paragraph 0204-0206, the spreader will open or spread the incision.
Regarding claim 3, Nieuwelaar et al teach the device according to claim 1, wherein the spreading section comprises a
static spreader, said static spreader 72 comprising at least one spreading
surface (the angle shape defines the spreading surface), wherein the at least one spreading surface is laterally outward
diverging in the direction of the transport path.
Regarding claim 4, Nieuwelaar et al teach the device according to claim 3, wherein the at least one outwardly diverging
spreading surface (the angled surface that is unnumbered on spreader 72) comprises at least one spreading track (the winglets that are unnumbered on spreader 72 form the spreading track).
The other references cited in this office action show other poultry cutting devices that make incisions in the poultry during processing.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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, Peter M. Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643