US Patent Application Serial: No. 13/099,325
`
`PRV01-102-US
`
`REMARKS:
`
`Claims 1-5 and 84-98 are pending in the present application. By this communication, no
`
`claims are amended, cancelled, added or additionally withdrawn, and claims 2-5, 84, 91, 93 and
`
`96-98 remain withdrawn. Thus, claims 1-5 and 84-98 are pending in the present application.
`
`Double Patenting
`
`Claims 1, 85-90, 94 and 95 stand rejected under nonstatutory double patenting in view of
`
`claims 1-14 of US. Patent No. 8,978,529. While Applicant disagrees with this allegation,
`
`Applicant files herewith a Terminal Disclaimer to address this double patenting rejection.
`
`Accordingly, withdrawal of this rejection is respectfully requested. Additionally, in the Office
`
`Action, the Examiner alleges “[t]he subject matter claimed in the instant application is fillly
`
`disclosed in the patent...” Applicant respectfully disagrees with this allegation. US. Patent No.
`
`8,978,529 does not disclose all the subject matter recited in the pending claims. For example, this
`
`patent does not disclose at least “. . .said food article feed apparatus having an upper conveyor
`
`assembly with independently driven endless conveyor belts, each belt connected to a food article
`
`gripper for moving a food article along a food article feed path.”
`
`35 U.S.C.
`
`102 b Re'ection
`
`Claims 1, 88-90, 94 and 95 stand rejected under 35 U.S.C. §102(b) as being anticipated
`
`by US. Published Patent Application No. 2004/0139706 (“Drebing”).
`
`“A claim is anticipated only if each and every element as set forth in the claim is found,
`
`either expressly or inherently described,
`
`in a single prior art reference.” See MPEP 2131;
`
`Verdegaal Bros. v. Union Oil C0. 0fCalz'f0rnz'a, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.
`
`Cir. 1987). “The identical invention must be shown in as complete detail as is contained in the
`
`
`
`US Patent Application Serial: No. 13/099,325
`
`PRV01-102-US
`
`claim.” See MPEP 2131; Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d
`
`1913, 1920 (Fed. Cir. 1989).
`
`Independent claim 1 recites “. . .a food article feed apparatus disposed over a food article
`
`loading apparatus, said food article feed apparatus having an bigger conveyor assembly with
`
`indegendently driven endless conveyor belts...” (emphasis added). Initially, Applicant
`
`respectfully submits Drebing does not have any disclosure that mentions conveyor belts that are
`
`independently driven. Drebing may disclose belts 112, but Drebing mentions nothing about belts
`
`112 being independently driven relative to each other. Applicant believes the Examiner
`
`recognized this deficiency of Drebing due to the Examiner’s attempt to qualify some portion of
`
`the disclosure of Drebing as teaching independently driven belts (see Off1ce Action, page 5, 2nd
`
`paragraph). However, the Examiner addresses the phrase “independent” in a manner inconsistent
`
`with the manner it is used in independent claim 1. More particularly, independent claim 1
`
`pertains to the belts being independently driven, whereas the Examiner’s remarks discuss two
`
`belts 112 being independent of or separate from each other (i.e., spaced-apart and not unitary).
`
`Two belts being independent of and separate from each other is different than two belts being
`
`independently driven relative to each other. Applicant respectfully submits the Examiner’s
`
`attempt to satisfy the independently driven aspect of independent 1 is improper and fails to
`
`establish that Drebing discloses independently driven belts as recited in independent claim 1.
`
`Additionally, since Drebing fails to disclose independently driven endless conveyor belts,
`
`Drebing cannot disclose independently driven endless conveyor belts that are m
`
`independently driven endless conveyor belts.
`
`For at least these reasons, Drebing fails to anticipate independent claim 1 because
`
`Drebing fails to teach or suggest all elements of independent claim 1. Thus, independent claim 1
`
`
`
`US Patent Application Serial: No. 13/099,325
`
`PRV01-102-US
`
`is allowable. Claims 2-5, 84-94 and 96-98 depend from independent claim 1 and are allowable
`
`for at least the same reasons as independent claim 1. Additionally, reintroduction of withdrawn
`
`claims 2-5, 84, 91, 93 and 96-98 is respectfully requested since these claims depend from
`
`allowable generic independent claim 1.
`
`Independent claim 95 recites “. . .a food article feed apparatus disposed over a food article
`
`loading apparatus, said food article feed apparatus having an upper conveyor assembly with
`
`independently driven endless conveyor belts...” Applicant respectfully submits the remarks
`
`presented above in connection with independent claim 1 apply mutatis mutandis to independent
`
`claim 95 with respect to Drebing’s failure to disclose independently driven belts. For the sake of
`
`brevity, such remarks will not be presented again herein.
`
`For at least these reasons, Drebing fails to anticipate independent claim 95 because
`
`Drebing fails to teach or suggest all elements of independent claim 95. Thus, independent claim
`
`95 is allowable.
`
`35 U.S.C.
`
`103 a Re'ections
`
`Claims 85-87 stand rejected under 35 U.S.C. §103(a) as being unpatentable for various
`
`reasons. Applicant submits claims 85-87 depend from independent claim 1, which is allowable
`
`for at least the reasons presented above. Thus, claims 85-87 are also allowable for at least the
`
`reasons presented above. Accordingly, these 35 U.S.C. §103(a) are moot and are not addressed
`
`in further detail herein.
`
`
`
`US Patent Application Serial: No. 13/099,325
`
`PRV01-102-US
`
`m
`
`Entry of the present amendments, consideration of the above remarks, and allowance of
`
`the present application are respectfully requested.
`
`The commissioner is hereby authorized to charge any fees which may be required, or
`
`credit any overpayment, to Deposit Account No. 50-4851.
`
`Date: August 25, 2015
`
`Respectfully submitted,
`
`
`/Paul M. McGinley/
`Paul M. McGinley
`Registration No. 55,443
`
`Klintworth & Rozenblat IP LLC
`
`850 W. Jackson Blvd.
`
`Suite 525
`
`Chicago, IL 60607
`Phone: (773)570-3330
`Fax: (773) 570-3328
`
`
