Detailed Action
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
Claims 5-7 and 16-20 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.
Claim 5 recites the limitation "the pinching side" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the pinching side" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the pinching side" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 is 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. The phrase “the first pincer and the second pincer
continuously apply pressure between the first pinching edge and the second pinching edge to from the portioning link” renders the claim indefinite in that it is unclear to what is meant by “to from the portioning link”. It is recommended that applicant change “from” to - -form- -. Further, claim 16 lacks antecedent basis for “the first pincer gear” in line 3, “the first beam” in line 4, “the second beam” in line 5, “the second pincer gear” in line 10, and “the rotation of the takeaway belt” in lines 20-21. Further, it is recommended that applicant amend the claim so that this axis is a third axis so as to ensure there is no confusion as this axis relates to the first and second axis and dependent claim 17 should also be amended to change the axis to the third axis for consistency.
Claim Rejections - 35 USC § 102
3. 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)(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.
Claim(s) 1-5 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent No. 2,663,982 to Conti.
Referring to claim 1, Conti discloses a portioning apparatus comprising, a first beam – at 17a, coupled to a base – at 3, and a second beam – at 17, coupled to the base – at 3 – see figure 3, a first pincer gear – at 25, coupled to the first beam – at 17a – see figure 3, and configured to rotate the first beam – at 17a – see about 21 in figure 3, a second pincer gear – at 24, coupled to the second beam – at 17 – see figure 3, and configured to rotate the second beam – at 17 – see about 18 in figure 3, and the first pincer gear – at 25, configured to rotate the second pincer gear – at 24 – see gears meshing in figure 3 and see column 3 line 71 to column 4 line 34, a driver gear – at 8, configured to rotate the first pincer gear – at 25 – see via items 3, 7, 30 and 32 in figure 3 and column 3 line 71 to column 4 line 34, a first pincer – at 28, coupled to the first beam – at 17a – see figure 3, and defining a first pinching edge – see edge of 27 contacting 33 as seen in figure 3, and a second pincer – at 27, coupled to the second beam – at 17 – see figure 3, and defining a second pinching edge – edge of 27 contacting 33 as seen in figure 3, wherein, the first beam – at 17a, and the first pincer – at 28, are configured to rotate around a first axis – of item 21, of the first pincer gear – at 25 – see figure 3, the second beam – at 17, and the second pincer – at 27, are configured to rotate around a second axis – of item 18, of the second pincer gear – at 24, synchronously with the first beam – at 17a, and the first pincer – at 28 – see figure 3 and column 3 line 71 to column 4 line 34, the first pincer – at 28, and the second pincer – at 27, are configured to interleave – see 27,28 in figure 3 consistent with applicant’s interleaving shown in applicant’s drawing figures 1c-1d, to apply pressure between the first pinching edge and the second pinching edge to form a portioning link – at contact with 33 as seen in figure 3 and column 3 line 71 to column 4 line 34, the first pinching edge of the first pincer – at 28, and the second pinching edge of the second pincer – at 27, are configured to face substantially towards each other as the first pincer – at 28, and the second pincer – at 27, rotate – see figure 3 and column 3 line 71 to column 4 line 34, and an axis along a length of the first beam – at 17a, when the first pincer – at 28, is farthest from the second pincer – at 27 – see position at the bottom of the device in figure 3, is at an angle relative to the axis along the length of the first beam – at 17a, when the first pincer – at 28, is closest to the second pincer – at 27 – see position at the top of the device in figure 3 – showing different orientations and angles of the first beam – at 17a depending on whether the pincers are closed or open.
Referring to claim 2, Conti further discloses the angle of the axis along the length of the first beam – at 17a, when the first pincer – at 28, is farthest from the second pincer – at 27, relative to the axis along the length of the first beam – at 17a, when the first pincer – at 28, is closest to the second pincer – at 27, is at least 2 degrees – see different positions at the top and bottom of the device in figure 3.
Referring to claim 3, Conti further discloses the angle of the axis along the length of the first beam – at 17a, when the first pincer – at 28, is farthest from the second pincer – at 27, relative to the axis along the length of the first beam – at 17a, when the first pincer – at 28, is closest to the second pincer – at 27, is at least 4 degrees – see different positions at the top and bottom of the device in figure 3.
Referring to claim 4, Conti further discloses the angle of the axis along the length of the first beam – at 17a, when the first pincer – at 28, is farthest from the second pincer – at 27, relative to the axis along the length of the first beam – at 17a, when the first pincer – at 28, is closest to the second pincer – at 27, is configurable – see via adjustments of items 3 and 30-35 in figure 3 and column 3 line 71 to column 4 line 34.
Referring to claim 5, Conti further discloses the pinching side of the first pincer – at 28, is substantially V-shaped – see edge of 28 contacting 33 in figure 3.
Referring to claim 13, Conti further discloses a rotational speed of the driver gear – at 8, is configurable – see via control of motor – at 16 as detailed in column 3 line 71 to column 4 line 70.
Referring to claim 14, Conti further discloses the driver gear – at 8, is configured to pause between one rotation of the first beam – at 17a, and the first pincer – at 28 – see figure 3 and see motor – at 16 is capable of pausing/stopping rotation as detailed in column 3 line 71 to column 4 line 70.
Referring to claim 15, Conti further discloses the pause between rotation of the first beam – at 17a, and the first pincer – at 28, is configurable – see figure 3 and see control of the motor – at 16, is capable of adjusting a pausing/stopping of the rotation as seen in column 3 line 71 to column 4 line 70.
Claim Rejections - 35 USC § 103
4. 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 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.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conti as applied to claim 1 above, and further in view of U.S. Patent No. 9,044,031 to Baechtle.
Referring to claim 6, Conti does not disclose the pinching side of the first pincer is substantially semi-circle shaped. Baechtle does disclose the pinching side – at 60, of the first pincer – at 5 or 5’, is substantially semi-circle shaped – see figure 10 and column 10 line 63 to column 11 line 2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti and add the pinching side having a semi-circle shape as disclosed by Baechtle, so as to yield the predictable result of providing better engagement between the pincer and the food product being pinched as desired.
Referring to claim 7, Conti does not disclose the pinching side of the first pincer includes a groove. Baechtle does disclose the pinching side of the first pincer – at 5 or 5’, includes a groove – at 60 – see figure 10 and column 10 line 63 to column 11 line 2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti and add the pinching side having a groove as disclosed by Baechtle, so as to yield the predictable result of providing better engagement between the pincer and the food product being pinched as desired.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conti as applied to claim 1 above, and further in view of U.S. Patent No. 4,320,558 to Martinek et al.
Referring to claim 8, Conti does not disclose the first beam is coupled to the base through a ball-and-socket joint. Martinek does disclose the first beam – at 626, is coupled to the base – at 603-618, through a ball-and-socket joint – at 624,625 – see figure 50 and column 25 lines 1-20. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti and add the ball and socket joint of Martinek et al., so as to yield the predictable result of facilitating movement and adjustment of movement of the first beam as desired.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conti as applied to claim 1 above, and further in view of U.S. Patent No. 4,073,039 to Muller et al.
Referring to claim 9, Conti does not disclose at least one idler gear is coupled between the driver gear and the first pincer gear. Muller et al. does disclose least one idler gear – at 112, is coupled between the driver gear – at 109, and the first pincer gear – at 110 – see figures 4-5. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti and add the idler gear of Muller et al., so as to yield the predictable result of ensuring sufficient power is transferred to the first pincer gear as desired.
Referring to claim 10, Conti does not disclose a housing encloses the driver gear, the first pincer gear, and the second pincer gear. Muller et al. does disclose a housing – see rectangular housing in figures 4-5, encloses the driver gear – at 109, the first pincer gear – at 110, and the second pincer gear – at 113 – see figures 4-5. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti and add the housing of Muller et al., so as to yield the predictable result of protecting the gears from contaminants as desired.
Referring to claim 11, Conti as modified by Muller et al. does not disclose the dimension of the housing is at most 160 millimeter by 160 millimeter by 100 millimeter. However, it would have been obvious to one of ordinary skill in the art to take the device of Conti as modified by Muller et al. and make the housing any suitable size and dimensions including the claimed dimensions, so as to yield the predictable result of ensuring the housing is of sufficient size to protect the gears from contaminants as desired.
Referring to claim 12, Conti as modified by Muller et al. further discloses a rotating seal – at 74, conceals a gap – in 73, between the first beam – at 76, and the housing – see figures 4-5 of Muller et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti as modified by Muller et al. and add the seal of Muller et al., so as to yield the predictable result of protecting the gears by ensuring contaminants cannot enter the housing as desired.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conti in view of U.S. Patent No. 11,779,026 to Schliesser et al.
Referring to claim 16, Conti discloses a high-speed sausage link forming apparatus comprising, a portioning apparatus comprising, a first beam – at 17a, coupled to a base – at 3, and a second beam – at 17, coupled to the base – at 3 – see figure 3, a first pincer gear – at 25, coupled to the first beam – at 17a – see figure 3, and configured to rotate the first beam – at 17a – see about 21 in figure 3, a second pincer gear – at 24, coupled to the second beam – at 17 – see figure 3, and configured to rotate the second beam – at 17 – see about 18 in figure 3, and the first pincer gear – at 25, configured to rotate the second pincer gear – at 24 – see gears meshing in figure 3 and see column 3 line 71 to column 4 line 34, a driver gear – at 8, configured to rotate the first pincer gear – at 25 – see via items 3, 7, 30 and 32 in figure 3 and column 3 line 71 to column 4 line 34, a first pincer – at 28, coupled to the first beam – at 17a – see figure 3, and defining a first pinching edge – see edge of 27 contacting 33 as seen in figure 3, and a second pincer – at 27, coupled to the second beam – at 17 – see figure 3, and defining a second pinching edge – edge of 27 contacting 33 as seen in figure 3, wherein, the first beam – at 17a, and the first pincer – at 28, are configured to rotate around a first axis – of item 21, of the first pincer gear – at 25 – see figure 3, the second beam – at 17, and the second pincer – at 27, are configured to rotate around a second axis – of item 18, of the second pincer gear – at 24, synchronously with the first beam – at 17a, and the first pincer – at 28 – see figure 3 and column 3 line 71 to column 4 line 34, the first pincer – at 28, and the second pincer – at 27, are configured to interleave – see 27,28 in figure 3 consistent with applicant’s interleaving shown in applicant’s drawing figures 1c-1d, to apply pressure between the first pinching edge and the second pinching edge to form a portioning link – at contact with 33 as seen in figure 3 and column 3 line 71 to column 4 line 34, the first pinching edge of the first pincer – at 28, and the second pinching edge of the second pincer – at 27, are configured to face substantially towards each other as the first pincer – at 28, and the second pincer – at 27, rotate – see figure 3 and column 3 line 71 to column 4 line 34, and an axis along a length of the first beam – at 17a, when the first pincer – at 28, is farthest from the second pincer – at 27 – see position at the bottom of the device in figure 3, is at an angle relative to the axis along the length of the first beam – at 17a, when the first pincer – at 28, is closest to the second pincer – at 27 – see position at the top of the device in figure 3 – showing different orientations and angles of the first beam – at 17a depending on whether the pincers are closed or open. Conti does not disclose a takeaway belt configured to carry a sausage string, and the driver gear is configured to rotate in sync with the rotation of the takeaway belt such that the sausage string travels along the takeaway belt while the first pincer gear and the second pincer gear rotate and the first pincer and the second pincer continuously apply pressure between the first pinching edge and the second pinching edge to from the portioning link as the first pincer and the second pincer travel with the sausage string for a predefined distance. Schliesser et al. does disclose a takeaway belt – at 15,16, configured to carry a sausage string – at 20 – see figures 4-5 and column 6 lines 1-37, and the driver gear – see gearing detailed in column 6 lines 38-45, is configured to rotate in sync with the rotation of the takeaway belt – at 15,16 – see figures 4-5 and column 6 lines 1-63, such that the sausage string – at 20, travels along the takeaway belt – at 15,16, while the first pincer gear – at 2a and associated gearing detailed in column 6 lines 38-45, and the second pincer gear – at 2b and associated gearing detailed in column 6 lines 38-45, rotate and the first pincer – at 5a, and the second pincer – at 5b, continuously apply pressure between the first pinching edge – edge of 5a contacting the sausage product, and the second pinching edge – edge of 5b contacting the sausage product, to from the portioning link as the first pincer – at 5a, and the second pincer – at 5b, travel with the sausage string – at 20, for a predefined distance – see along items 15,16 in figures 4-5, column 6 lines 1-63 and column 9 lines 45-60. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Conti and add the takeaway belt and first and second pincer operating along the takeaway belt as disclosed by Schliesser et al., so as to yield the predictable result of allowing for multiple sausage products to be quickly and efficiently formed as desired.
Referring to claim 17, Conti as modified by Schliesser et al. further discloses the angle of the axis along the length of the first beam – at 17a, when the first pincer – at 28, is farthest from the second pincer – at 27, relative to the axis along the length of the first beam – at 17a, when the first pincer – at 28, is closest to the second pincer – at 27, is configurable – see via adjustments of items 3 and 30-35 in figure 3 and column 3 line 71 to column 4 line 34 of Conti.
Referring to claim 18, Conti as modified by Schliesser et al. further discloses a rotational speed of the driver gear – at 8, is configurable – see via control of motor – at 16 as detailed in column 3 line 71 to column 4 line 70 of Conti.
Referring to claim 19, Conti as modified by Schliesser et al. further discloses the driver gear – at 8, is configured to pause between one rotation of the first beam – at 17a, and the first pincer – at 28 – see figure 3 of Conti, and see motor – at 16 is capable of pausing/stopping rotation as detailed in column 3 line 71 to column 4 line 70 of Conti.
Referring to claim 20, Conti as modified by Schliesser et al. further discloses the pause between rotation of the first beam – at 17a, and the first pincer – at 28, is configurable – see figure 3 of Conti, and see control of the motor – at 16, is capable of adjusting a pausing/stopping of the rotation as seen in column 3 line 71 to column 4 line 70 of Conti.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following patents are cited to further show the state of the art with respect to sausage forming devices in general:
U.S. Pat. No. 4,104,763 to Tetsuro – shows sausage forming device
U.S. Pat. No. 4,614,005 to Townsend – shows sausage forming device
U.S. Pat. No. 6,468,144 to Michaud et al. – shows sausage forming device
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter 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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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643