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 .
Claim Rejections - 35 USC § 112
Claims 1-15 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. In claim 1, line 2, and claim 8, line 3, the term “optionally” is vague and indefinite and must be removed from the claim.
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) 1-3 and 7-9 are is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Marvel Stork poultry Proc (EP 2 276 349 B1).
Regarding claim 1, as seen in figure 1, the pre-evisceration device includes a neck skinner 1 configured to remove at least a part of the neck skin from the poultry carcass prior to evisceration of the viscera pack.
Regarding claim 2, the skin grabber 15 is configured to grab the neck skin, and a skin slitter 20 is configured to make a slit in the neck skin, and as seen in figure 3, the neck deskinner is configured to exert a pulling force on the neck skin after the slit, as seen in figure 2.
Regarding claim 3, as seen in figure 3, the neck slitter 20 is configured to make the slit in a direction substantially perpendicular to a longitudinal direction T of the neck.
Regarding claim 7, as seen in figure 10, a neck positioner 17 is configured to arrange the neck of the poultry carcass in a predetermined position prior to the neck skin being removed.
Regarding claim 8, as seen in figure 10, a first jaw 30a and a second jaw 30b are configured to close towards each other for grabbing the neck skin.
Regarding claim 9, a rotatable gripper roll 15 and a counter member 15 are configured to grab the neck skin.
Allowable Subject Matter
Claims 10-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643
