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
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 13-20 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 13, lines 12-16 recite, “at least one conveying apparatus that is connected downstream of the loading apparatus viewed in the supply direction and that has at least two conveying tracks, wherein the method comprises: supply a first product on a first conveying track…” It is unclear if the recitation of “a first conveying track” is referring to one of the “at least two conveying tracks.”
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 1-12, and as best understood, claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pasek et al (US Publication 2011/0265624), herein referred to as Pasek, in view of Weber (US Publication 2004/0035276) and further in view of Schindler et al (DE 10 2011 013 919), herein referred to as Schindler.
Regarding Claim 1, Pasek discloses a slicing apparatus (figs. 1 and 1B; 100) for a continuous slicing of products (i.e. food articles, 110) having only a single slicing unit (slicing head apparatus 124; fig. 3) consisting of a single cutting blade (slicing blade 125; fig. 3) for the continuous slicing of products, wherein the slicing apparatus comprises:
a supply apparatus (generally shown in figs. 1B, 7, 7E, 7F, 8) for a multi-track supply of products to the single cutting blade (the apparatus provides three feed paths, although any number of paths are encompassed by Pasek - paragraph 0083, lines 1-3); and
a removal apparatus (output conveyor, 102) for removing portions that each comprise at least one cut-off product slice (fig. 1),
wherein the supply apparatus comprises:
a loading apparatus (i.e. “an automatic food article loading apparatus” 108 with lifting tray assembly, 220) that is configured for receiving at least one product (the lifting tray assembly 220 is provided with a tray 302 including four spaced apart guard rails 303 that define three lanes corresponding to the three feed paths for the slicing machine - paragraph 0085, see fig. 8) and is adjustable as a whole between a loading position (fig. 9; paragraph 0012, lines 2-3) and a supply position (paragraph 0012, lines 1-2 and paragraph 0088, lines 3-7), wherein an entirety of the loading apparatus is oriented at a slanted and inclined position when in the supply position (fig. 1; paragraph 0084, lines 4-7);
at least one conveying apparatus (i.e. lower feed conveyors 992, 994, 998 with endless belts 1002, 1004, 1008) that is connected downstream of the loading apparatus viewed in the supply direction (figs. 13A and 13B) and that has at least two conveying tracks (each of the three conveyors 992, 994, 998 corresponds to a separate conveying track), wherein the loading apparatus extends at least substantially over a total width of the at least two conveying tracks and is configured to bring a product to a predefinable conveying track selected from the at least two conveying tracks of the conveying apparatus (paragraph 0085, lines 5-8);
wherein the loading apparatus (i.e. lifting tray assembly, 220) comprises a plurality of loading tracks (the tray 302 is divided by guard rails 303 into three separate loading tracks (fig. 8) that each corresponding with one of the at least two conveying tracks), with the number of loading tracks corresponding to the number of conveying tracks (paragraph 0085, lines 5-8) and with all loading tracks being only together adjustable between the loading position and the supply position (all of the loading tracks are supported on frame 290 of the lifting tray assembly 220 to be lifted simultaneously by lift tray positioning apparatus/mechanism 228);
a control apparatus (paragraph 0048, lines 4-6; i.e. “a computer [and] motor control equipment”) that is configured to control the conveying tracks independently of one another (Pasek states in paragraph 0010, lines 1-3, “[t]he invention provides a mechanism and method for slicing multiple food articles with independency of feed rate…” and in paragraph 0068, lines 4-5, “[t]he endless belts 1002, 1004 1008 [of the three lower feed conveyors 992, 994, 998] are independently driven…”).
● Pasek fails to specifically disclose the control apparatus is configured to control the conveying tracks such that portions are produced continuously in that the cutting off of product slices is interrupted in one conveying track and the cutting off of product slices is started in another conveying track.
However, Weber teaches it is known in the art of slicing apparatus for slicing of food products conveyed in a plurality of tracks (7, 8) to a slicing unit to have multiple modes of operation depending upon the length of the food products (4) intended to be sliced therein (paragraphs 0029-0030). Weber teaches a first mode of operation in which the slicing apparatus performs a continuous slicing of products (paragraph 0012 and 0030). Weber teaches a slicing apparatus (figs. 1 and 2) having only a single slicing unit (“cutting station,” paragraph 0001, line 3; enclosed within cutting head housing 2); a supply apparatus (“product supply feed,” 1) with at least two conveying tracks (i.e., product supply units 7 and 8) for a multi-track supply for products to the single slicing unit (see fig. 2), a removal apparatus for removing portions that each comprise of at least one cut-off product slice (paragraph 0001, lines 4-6), and a control apparatus configured to the control conveying tracks (7, 8) independently of one another (paragraph 0030, lines 5-7 state, “the product supply units [7, 8] can be controlled individually and the product flows are output alternately,” wherein “controlled individually” suggests the presence of a control apparatus to independently control the product support units with respect to the slicing apparatus) such that portions are produced continuously (“the product flows arising in alternate operation to one another without interruption,” paragraph 0030, lines 10-12 [emphasis added]) in that the cutting off of product slices is interrupted in one conveying track and the cutting off of product slices is started in another conveying track (paragraph 0014, lines 6-11). This mode of operation is suitable for cutting operations “in which the product change-over time is relatively large with respect to the cutting time due to the low product length” (paragraph 0030, lines 1-3).
Additionally, Weber teaches a second mode of operation similar to that of Pasek. In paragraph 0029, lines 6-12, Weber states, “the product holders 3 are driven by a common motor and are actuated together with respect to the forward feed movements [to the slicing unit] and backward stroke movements. In this case, at least two product flows are output at the same time and this variant is in particular suitable for long products in which the product change-over time is very small with respect to the cutting time.”
It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the slicing apparatus of Pasek with the teaching of Weber such that the control apparatus of Pasek is configured with a plurality of operating modes (as taught by Weber) dependent upon the length of the products to be sliced, including an operating mode in which the control apparatus is configured to control the conveying tracks such that portions are produced continuously in that the cutting off of product slices is interrupted in one conveying track and the cutting off of product slices is started in another conveying track (as taught by Weber in paragraph 0014, lines 5-11) in order to “avoid any irritatingly long product change-over time” (Weber, paragraph 0030, lines 9-10) since “during the cutting time of one [conveying track, Weber teaches] the supply feed of another [conveyor track can be] loaded” (paragraph 0030, lines 7-8).
In other words, the control apparatus of the modified slicing apparatus of Pasek can run all three conveying tracks simultaneously if the products to be sliced are relatively long (i.e., “for long products in which the product change-over time is very small with respect to the cutting time,” paragraph 0029, lines 11-12). Conversely, the operator can select the alternative mode of operation, whereby the control apparatus operates one conveying track at a time if the product to be sliced are relatively short (i.e., “the product change-over time is relatively large with respect to the cutting time due to the low product length,” Weber, paragraph 0030, lines 1-3).
Moreover, this mode of operation allows the control apparatus to load one conveying track during the cutting time of another conveying track, as suggested by Weber in paragraph 0030, lines 7-8, such that “at a suitable point in time at which the end region of the product to be sliced [is] no longer useable with respect to the required slices is reached in the one supply unit [i.e. conveying track] the product feed can be stopped, and in the other product supply unit the product feed can be started such that now this unit newly taken into operation delivers slices of the same kind” (Weber, paragraph 0014, lines 5-11). This operation is enabled because, as disclosed by Pasek, the conveying tracks of the conveying apparatus and the respective product holders are all independently operational (Pasek, paragraph 0010, lines 1-3; paragraph 0054; paragraph 0061; and paragraph 0068, lines 4-5), and the food article loading apparatus 108 of Pasek operates “automatically” (paragraph 0084). The aforementioned disclosure of Pasek and teaching of Weber suggest to one having an ordinary skill in the art the control apparatus can configurable to move the loading apparatus of Pasek to the loading position for loading a new product in a loading track corresponding to a conveying track that is empty or very near to completion while another conveying track is still actively cutting a product in order to facilitate the advantageous mode of operation taught by Weber.
● The modified slicing apparatus of Pasek substantially disclosed above fails to disclose the at least one loading track is adjustable transversely to the supply direction. However, Schindler teaches it is known in the art of slicing devices to have a loading apparatus with at least one loading track that is adjustable transversely (double arrow 136) to the supply direction.
It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the slicing apparatus of Pasek substantially disclosed above with the teaching of Schindler such that the at least one loading track is adjustable transversely to the supply direction in order to help reduce the weight and complexity of the loading apparatus.
Examiner notes that all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results.
Regarding Claim 2, the modified slicing apparatus of Pasek substantially disclosed above includes the cutting off of product slices is started almost simultaneously in another conveying track (Weber, lines paragraph 0014, lines 6-11). Regarding Claim 3, the modified slicing apparatus of Pasek substantially disclosed above includes the loading apparatus extends at least substantially over the width of at least one conveying track and is configured to bring a product to a predefinable conveying track (Pasek, para. 0085, lines 5-8). Regarding Claim 4, the modified slicing apparatus of Pasek substantially disclosed above includes wherein the loading apparatus extends at least substantially over the width of all the conveying tracks and is configured to bring a product to a predefinable conveying track (Pasek, paragraph 0085, lines 5-8). Regarding Claim 5, the modified slicing apparatus of Pasek substantially disclosed above includes wherein the loading apparatus comprises a plurality of loading tracks, with the number of loading tracks corresponding to the number of conveying tracks (Pasek, paragraph 0085, lines 5-8). Regarding Claim 6, the modified slicing apparatus of Pasek substantially disclosed above includes the loading tracks are controllable independently of one another (as taught by Schindler para. 0062). Regarding Claim 7, the modified slicing apparatus of Pasek substantially disclosed above includes wherein the loading apparatus comprises a single loading track (e.g., Schindler 122) that is adjustable transversely to the supply direction. Regarding Claim 8, the modified slicing apparatus of Pasek substantially disclosed above the conveying apparatus comprises active conveyor belts (Pasek, endless belts 1002, 1004, 1008). Regarding claim 9, the modified slicing apparatus of Pasek substantially disclosed above includes for each conveying track, a product holder (i.e. gripper 894) is provided for each conveying track. Regarding Claim 10, the modified slicing apparatus of Pasek substantially disclosed above includes the conveying apparatus has a smaller length than the loading apparatus in the supply direction (see fig. 1 and figs. 13A-13B of Pasek). Regarding Claim 11, the modified slicing apparatus of Pasek substantially disclosed above fails to disclose the removal apparatus comprises a discarding device having a plurality of removal tracks corresponding to the number of conveying tracks and with the removal tracks being controllable independently of one another. However, Weber teaches it is known in the art of food slicing apparatus to provide a removal apparatus with a discarding device (“further conveyor elements and conveyor units,” Weber, paragraph 0025, line 11) having a plurality of removal tracks corresponding to the number of conveying tracks and with the removal tracks being controllable independently of one another (para. 0070). It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the slicing apparatus of Pasek with additional the teaching of Weber so as the removal apparatus comprises a discarding device having a plurality of removal tracks corresponding to the number of conveying tracks and with the removal tracks being controllable independently of one another in order to allow for independent, as-needed control of dispensing of waste product. Regarding Claim 12, the modified slicing apparatus of Pasek substantially disclosed above fails to specifically disclose the removal apparatus comprises a distributor device that is configured for leading together portions from different conveying tracks. However, Weber teaches it is known in the art of food slicing apparatus to provide a removal apparatus with a distributor device (“further conveyor elements and conveyor units,” Weber, paragraph 0025, line 11) that is configured for leading together portions from different conveying tracks (as set forth in Weber, paragraph 0025, lines 13-14). It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the slicing apparatus of Pasek with additional the teaching of Weber so as to provide the removal apparatus with a distributor device to lead together portions from different conveying tracks in order to allow vary how the food slices are arrangement with one another downstream of the cutting device (i.e. stacked slice groups or shingled slice groups (Pasek, paragraph 0003), allowing the producer to minimize excessive contact with the food slices prior to packaging. Regarding claim 13, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses a method for a continuous slicing of products using a slicing apparatus, the slicing apparatus comprising: at least one slicing unit for cutting off product slices; a supply apparatus for a multi-track supply of products to the slicing unit; and a removal apparatus (collecting conveyor 144) for removing portions that each comprise at least one cut-off product slice (translation, para. 0084-0085),
wherein the supply apparatus comprises: a loading apparatus (44) that is configured for receiving at least one product and is adjustable as a whole between a loading position and a supply position; and at least one conveying apparatus (46) that is connected downstream of the loading apparatus viewed in the supply direction and that has at least two conveying tracks, wherein the method comprises: supplying a first product on a first conveying track; adjusting the loading apparatus into the loading position when the first product has at least substantially left the region of the loading apparatus; loading the loading apparatus with at least one second or further product; adjusting the loading apparatus into the supply position; and supplying the second or further product on a second or further conveying track. Regarding claim 14, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses the loading of a loading apparatus comprising a plurality of loading tracks with the second or further product takes place in a loading track that differs from the loading track of the first product. Regarding claim 15, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses after the loading of a loading apparatus comprising a single loading track, the former is adjusted transversely to the supply direction such that the second product moves to the second or further conveying track. Regarding claim 16, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses the loading apparatus is loaded with at least two products and is adjusted into the supply position, with one product first being sliced before the cutting of product slices from the other product is started, and with the loading apparatus being adjusted into the loading position when the other product has at least substantially left the region of the loading apparatus. Regarding claim 17, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses the product front end of the second or further product is cut off before the first product has been completely sliced. Regarding claim 18, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses the product front end of the second or further product is cut off by means of the slicing unit before the first product has been completely sliced. Regarding claim 19, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses product scraps produced on the cutting off of the product front end are discarded from the removal apparatus via a discarding apparatus (106) individually for the tracks. Regarding claim 20, the modified slicing apparatus of Pasek substantially disclosed above in the 103 rejections for claims 1-12 discloses wherein portions that come from different conveying tracks are led together with the aid of a distributor device (Weber, fig. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 September 24, 2026
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
