`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
`
`
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`13/099,325
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`05/02/2011
`
`Scott A. Lindee
`
`PRV10—102—US
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`1557
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`Klintworth & Rozenblat IP LLP
`19 North Green Street
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`Chicago, IL 60607
`
`NGUYEN, PHONG H
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`ART UNIT
`
`3724
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`PAPER NUIVIBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/04/201 8
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`docketing @kandrip.com
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 13/099,325 LINDEE ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`Phong Nguyen it?“ 3724
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 06/14/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-5 84-94 and 99 is/are pending in the application.
`5a) Of the above claim(s) 2-5,84,91 and 93 is/are withdrawn from consideration.
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`6)I:I Claim(s)
`is/are allowed.
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`7)|Z| Claim(s) 1 85-90 92 94 and 99 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’\WIIW.usnto. ovI’ atentS/init events/
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`
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`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 05/02/2011 is/are: a)IXI accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20180929
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`

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`Application/Control Number: 13/099,325
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`Page 2
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`Art Unit: 3724
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 103
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`1.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`2.
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`Claims 1, 88-90, 92, 94 and 99 are rejected under pre-AIA 35 U.S.C. 103(a) as
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`being unpatentable over Hartmann (5,191,820) in view of Pryor et al. (2008/0250944),
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`hereinafter Pryor, Lindee et al. (2004/0031363), hereinafter Lindee, Weber
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`(2005/0132855), JP2000-288983, Anstalt (DE 195 25 742), Walter (2,047,400), and
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`Weber et al. 4,934,232), hereinafter Weber’ 232.
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`Regarding claim 1, Harmann teaches a food article slicing machine comprising:
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`a slicing station comprising a knife blade 46 and a knife blade drive driving the
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`blade along a cutting path in a cutting plane;
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`a food article feed apparatus comprising an upper conveyor assembly with
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`independently driven endless conveyor belts, and a food article gripper 11
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`connected to each conveyor belt, each food article gripper configured to engage and
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`move a food article along a food article feed path, wherein each food article gripper 11
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`is activated between a closed position, in which the food article gripper seizes a food
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`

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`Application/Control Number: 13/099,325
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`Page 3
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`Art Unit: 3724
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`article, and an open position, in which the food article gripper releases a food article;
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`and
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`a food loading apparatus 2 disposed under the food article feed apparatus.
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`See Figs. 1-2.
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`A-Hartmann teaches a single gripper connected to a track assembly (22, 23, 24,
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`26) but not a plurality of independent grippers each connected to an endless belt.
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`Pryor teaches independent driven feeding device so that slices cut from one loaf
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`may vary in thickness from slices cut from another loaf. See paragraph [002].
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`Lindee teaches independent driven feeding devices in form of conveyor belts (20,
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`24, 22, 26). See Fig. 1 and paragraph [0020].
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`Weber teaches independent driven feeding devices 3. See Fig. 1.
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`JP2000-288983 teaches independent driven feeding devices 36. See Fig. 1.
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`Therefore, it would have been obvious to one skilled in the art at the invention
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`was made to provide independent grippers to the food slicing machine of Hartmann as
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`taught by Pryor or Lindee or Weber or JP2000-288983 so that multiple loaves can be
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`cut at the same time and slices cut from one loaf may vary in thickness from slices cut
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`from another loaf.
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`B-As to a gripper driven by an endless belt, Anstalt teaches using an endless belt
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`3 for driving a gripper 7. See Fig. 1.
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`The driving track in Hartmann and the driving belt in Anstalt are art equivalents
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`for driving a gripper.
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`Application/Control Number: 13/099,325
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`Page 4
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`Art Unit: 3724
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`Therefore, it would have been obvious to one skilled in the art at the time the
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`invention was made to use belts for driving the modified grippers in Hartmann since it
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`has been held that substituting equivalents known for the same purpose is obvious to
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`one skilled in the art. See MPEP. 2144.06.
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`C-The modified driving belt as taught by Anstalt does not teach the driving belt
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`being positioned in an upper position.
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`Weber '232 teaches a driving source 5 for a gripper 6 being positioned in an
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`upper position.
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`Walter teaches a driving source 131 for a gripper 121 being positioned in an
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`upper position. See Fig. 1.
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`To position the drive source for the gripper at an upper position or a lower
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`position is art equivalent known in the art.
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`Therefore, it would have been obvious to one skilled in the art at the time the
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`invention was made to position the driving belt of Anstalt at an upper position since it
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`has been held that substituting equivalents known for the same purpose is obvious to
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`one skilled in the art. See MPEP. 2144.06.
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`Regarding claim 88, the modified belts and grippers can move food at the same
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`rate.
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`Regarding claim 89, a food gripper 11 is best seen in Fig. 1
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`in Hartmann.
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`Regarding claim 90, it is within the knowledge of one skilled in the art to provide
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`three conveyor belts for driving three grippers simultaneously as evidenced by JP200-
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`288983. JP200-288983 teaches three feeding devices 36 in Fig. 1.
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`Application/Control Number: 13/099,325
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`Page 5
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`Art Unit: 3724
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`Regarding claim 92, Hartmann, Lindee, and Weber teach the conveyor belt
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`moving in a plane parallel to the feed path.
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`Regarding claim 94, see Fig.
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`1
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`in Anstalt.
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`Regarding claim 99, the food article loading apparatus 2 in Hartmann is directly
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`under the modified conveyor belts of the food article feed apparatus.
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`3.
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`Claim 85 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`Hartmann (5,191,820) in view of Pryor et al. (2008/0250944), hereinafter Pryor, Lindee
`
`et al. (2004/0031363), hereinafter Lindee, Weber (2005/0132855), JP2000-288983 and
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`Anstalt (DE 195 25 742), Walter (2,047,400), and Weber et al. 4,934,232), hereinafter
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`Weber’ 232 as applied to claim 1 above, and further in view of Moi (2005/0082147).
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`Anstalt does not teaches “each independently driven endless conveyor belt is
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`wrapped around a drive roller; said driver roller having a toothed outer diameter for
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`engaging with the endless conveyor belt and a toothed recessed diameter for engaging
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`with a drive belt.”
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`Mol teaches “each independently driven endless conveyor belt is wrapped
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`around a drive roller; said driver roller having a toothed outer diameter for engaging with
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`the endless conveyor belt and a toothed recessed diameter for engaging with a drive
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`belt.” See Fig. 1.
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`The drive rollers in Mol and Anstal are art equivalents known in the conveyor belt
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`art.
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`Therefore, it would have been obvious to one skilled in the art at the time the
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`invention was made to use the drive rollers and the belts as taught by Mol in the
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`

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`Application/Control Number: 13/099,325
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`Page 6
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`Art Unit: 3724
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`modified slicing machine of Hartmann since it has been held that substituting
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`equivalents known for the same purpose is obvious to one skilled in the art. See MPEP.
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`2144.06.
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`4.
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`Claims 86 and 87 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Hartmann (5,191,820) in view of Pryor et al. (2008/0250944),
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`hereinafter Pryor, Lindee et al. (2004/0031363), hereinafter Lindee, Weber
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`(2005/0132855), JP2000-288983, Anstalt (DE 195 25 742), Walter (2,047,400), Weber
`
`et al. 4,934,232), hereinafter Weber’ 232 and Mol (2005/0082147) as applied to claims
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`1 and 85 above, and further in view of Gutknecht (2008/0185095).
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`Regarding claim 86, Anstalt teaches the invention substantially as claimed
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`except for the conveying belt being driven by a servomotor.
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`Gutknecht teaches a belt driven by a servomotor. See paragraph [0144].
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`The motors in Anstalt and Gutknecht are art equivalents known in the art.
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`Therefore, it would have been obvious to one skilled in the art at the time the
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`invention was made to use a servomotor for driving the belts in Anstalt since it has been
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`held that substituting equivalents known for the same purpose is obvious to one skilled
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`in the art. See MPEP. 2144.06.
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`Regarding claim 87, Pryor, Lindee, Weber and JP2000-288983 teach providing
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`each conveyor belt an independent drive.
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`Gutknecht teaches using servomotor for driving a conveyor belt.
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`As to the location of the servomotor, it would have been obvious to one of
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`ordinary skill in the art at the time the invention was made to arrange the servomotors
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`

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`Application/Control Number: 13/099,325
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`Page 7
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`Art Unit: 3724
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`on the same side of the conveyor belts since it has been held that rearranging parts of
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`an invention involves only routine skill in the art. In re Japikse, 86 USPQ 7O (CCPA
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`1950).
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`5.
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`Applicant's arguments filed on 06/14/2018 have been fully considered but they
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`Response to Arguments
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`are not persuasive.
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`Prior Art Groups 1 and 2 teach a plurality of independent grippers driven by the
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`belts. The conveying rollers 2 in Hartman would read on the limitation "a food article
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`loading apparatus".
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`It is clear that it is under the food article feed apparatus. Therefore,
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`the combination of Prior Art Groups 1 and 2, and Weber ‘232 or Walter reads on a
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`plurality of independent grippers driven by the belts positioned above the food article
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`and the food article loading apparatus (conveying rollers 2 in Hartmann) positioned
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`below the modified food article feed apparatus.
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`Furthermore, to provide the food article feed apparatus above the food articles
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`does not block the access to the food articles as shown in Walter and Weber '232.
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`In response to applicant's argument that the examiner's conclusion of
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`obviousness is based upon improper hindsight reasoning, it must be recognized that
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`any judgment on obviousness is in a sense necessarily a reconstruction based upon
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`hindsight reasoning. But so long as it takes into account only knowledge which was
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`within the level of ordinary skill at the time the claimed invention was made, and does
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`not include knowledge gleaned only from the applicant's disclosure, such a
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`

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`Application/Control Number: 13/099,325
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`Page 8
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`Art Unit: 3724
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`reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPO 209 (CCPA
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`1971).
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`Conclusion
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`6.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Phong Nguyen whose telephone number is (571 )272-
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`4510. The examiner can normally be reached on Monday-Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Andrea Wellington can be reached on 571-272-4483. The fax phone
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`

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`Application/Control Number: 13/099,325
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`Page 9
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`Art Unit: 3724
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272—1 000.
`
`/Phong Nguyen/
`Primary Examiner, Art Unit 3724
`September 30, 2018
`
`