Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Inventor(s) : Hiroshi YAHATAetal.
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`Art Unit
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`:
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`2144
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`Appl. No.
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`:
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`17/695,340
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`Examiner
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`: HuaLu
`
`Filed
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`: March 15, 2022
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`Conf. No.
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`:
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`1052
`
`For
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`: METHOD FOR CONTROLLING FOOD PRINTER
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`RESPONSE UNDER37 C.F.R. § 1.111
`
`US. Patent and Trademark Office
`Mail Stop Amendment
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
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`In response to the Office Action of April 11, 2024, in which a three-month shortened
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`statutory period for response is set to expire on July 11, 2024, Applicant respectfully requests
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`reconsideration and withdrawal of the outstanding rejections set forth in the Office Action, in view
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`of the herein-contained remarks.
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`Amendments to the Claims begin on page 2 ofthis paper.
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`Remarksbegin on page9 ofthis paper.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`AMENDMENTS TO THE CLAIMS
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`Upon entry of the present amendment, the status of the claims will be as is shown below.
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`This listing of claims replacesall previous versionsandlistings of claimsin the present application.
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`Listing of Claims:
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`1. (Currently Amended)
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`A method for controlling a food printer in a food-material
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`
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`providing system, the food printer beine-afeed-printerthatcreatescreating a first printed food, the
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`first printed food being created by the food printer by using a first print pattern, the method
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`comprising:
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`acquiring sensing data relating to chewing/swallowing information of a user via a network
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`from a sensing device associated with [[a]] the user, wherein [[he]] the chewing/swallowing
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`information of the user is related to a motion of the user including at least one of chewing [[of]] or
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`swallowingthe first printed food by the user whenthe usereats the first printed food;
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`determining, based on the chewing/swallowing information of the user, a meal duration
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`associated with eating of the first printed food by the user, and determining, based on at least the
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`first print pattern and the meal duration, a second print pattern used for a second printed food to
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`be created for the user by the food printer to increase a numberof chewsor the meal duration for
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`the second printed food relative to the first printed food when the meal duration of the user is less
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`than a predetermined duration; and
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`transmitting print control information to the food printer via the network, wherein the print
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`control information is used for causing the food printer to create the second printed food for the
`
`user using the determined secondprint pattern.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`2. (Currently Amended)
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`A method for controlling a food printer in a food-material
`
`
`
`providing system, the food printer being-afeed-printerthatcreatescreating a first printed food, the
`
`first printed food being created by the food printer by using a first print pattern, the method
`
`comprising:
`
`acquiring sensing data relating to chewing/swallowing information of a user via a network
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`from a sensing device associated with [[a]] the user, wherein the chewing/swallowing information
`
`of the user represents a meal duration associated with eating ofthe first printed food by the user;
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`determining, based onat least the first print pattern and the meal duration, a second print
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`pattern used for a second printed food to be created for the user by the food printer to increase a
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`numberof chewsor the meal duration for the second printed food relative to the first printed food
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`when the meal duration of the user is less than a predetermined duration; and
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`transmitting print control information to the food printer via the network, wherein the print
`
`control information is used for causing the food printer to create the second printed food for the
`
`user using the determined secondprint pattern.
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`3. (Original) The method according to claim 1, wherein
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`the meal duration includes a duration of time taken for the userto eat the first printed food.
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`4. (Currently Amended)
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`The method according to claim 1, wherein
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`the print control information includes a print condition for, [[if]] when the meal duration
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`of the useris less than [[a]] the predetermined duration, creating the second printed food that has
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`a smaller mass per unit volumethan the first printed food.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`5. (Currently Amended)
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`The method according to claim 1, wherein
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`[[if]] when the first printed food includesa first plurality of chunks of food inafirst bite
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`size of less than or equal to 15 cubic centimeters, and the meal duration of the user is less than
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`[[a]] the predetermined duration, the print control information includes a print condition for
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`creating the second printed food that includes a second plurality of chunks of food in a second bite
`
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`size of less than or equal to 15 cubic centimeters and that has a second mean volumethatis less
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`than a first mean volumeofthefirst plurality of chunks of foodin the first bite size includedin the
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`first printed food.
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`6. (Currently Amended)
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`The method according to claim 1, wherein
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`the print control information includes a print condition for, [[if]] when the meal duration
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`of the useris less than [[a]] the predetermined duration, creating the second printed food that has
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`a greater volumeof a hard portion than the first printed food, wherein the hard portion has a
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`hardness greater than or equal to a predetermined hardness.
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`7. (Original) The method according to claim 1, wherein
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`the sensing device includes an acceleration sensor, and
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`the chewing/swallowing information includes acceleration information that represents an
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`acceleration detected by the acceleration sensor.
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`8. (Original) The method according to claim 1, wherein
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`the sensing device includes a distance sensor, and
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`the chewing/swallowing information includes distance information that is detected by the
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`distance sensor and that represents a distance to a skin.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`9. (Original) The method according to claim 1, wherein
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`the sensing device detects an electromyographic potential, and
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`the meal duration is determined based on the detected electromyographic potential.
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`10. (Currently Amended)
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`The centre! method according to claim 1, wherein
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`the sensing device detects chewing sound, and
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`the meal duration is determined based on the detected chewing sound.
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`11. (Original) The method according to claim 1, wherein
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`the sensing device includes a camera, and
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`the meal duration of the user is determined based on a result of image recognition
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`performed by using an image obtained with the camera.
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`12. (Original) The method according to claim 1, wherein
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`the sensing device is installed on an autonomousdevice that performs sensing on the user.
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`13. (Original) The method according to claim 1, wherein
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`the sensing device is installed on eyeglasses of the user.
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`14. (Original) The method according to claim 1, wherein
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`the sensing device is installed on a device to be worn around a neckofthe user.
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`15. (Original) The method according to claim 1, wherein
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`the sensing device is installed on a device to be worn on anearof the user.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`16. (Currently Amended)
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`The method according to claim 1, wherein
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`the second printed food is created by using a plurality of paste materials, and
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`whereit the second print pattern specifies where each ofthe plurality of paste materials is
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`to be used.
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`17. (Original) The method according to claim 1, wherein
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`the second printed food comprises a three-dimensional structure including a plurality of
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`layers, the plurality of layers including a first layer and a secondlayer, and
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`the print control information includes a print condition for causing a paste material used
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`for the first layer to be varied from a paste material used for the second layer.
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`18. (Original) The method according to claim 1, wherein
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`the second printed food comprises a three-dimensional structure including a plurality of
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`layers, the plurality of layers including a first layer and a secondlayer, and
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`the print control information includesa print condition for causing a third print pattern used
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`for the first layer to be varied from a fourth print pattern used for the second layer.
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`19. (Original) The method according to claim 1, wherein
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`the print control information specifies a temperature at which to bake the second printed
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`food.
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`20. (New)
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`A method for controlling a food printer in a food-material providing system,
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`the food printer creating a first printed food, thefirst printed food being created by the food printer
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`by using a first print pattern, the method comprising:
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`acquiring sensing data relating to chewing/swallowing information of a user via a network
`
`from a sensing device associated with the user, wherein the chewing/swallowing information of
`
`the useris related to a motion of the user including at least one of chewing or swallowingthefirst
`
`printed food by the user whentheusereats the first printed food;
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`determining, based on the chewing/swallowing information of the user, a swallowing cycle
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`duration associated with eating of the first printed food by the user, and determining, based on at
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`least the first print pattern and the swallowing cycle duration, a second print pattern used for a
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`second printed food to be created for the user by the food printer to increase a numberof chews or
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`the swallowing cycle duration for the second printing food relative to the first printed food when
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`a target swallowing cycle duration is greater than the swallow cycle duration of the user; and
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`transmitting print control information to the food printer via the network, wherein the print
`
`control information is used for causing the food printer to create the second printed food for the
`
`user using the determined secondprint pattern.
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`21. (New)
`
`A method for controlling a food printer in a food-material providing system,
`
`the food printer creating a first printed food, thefirst printed food being created by the food printer
`
`by using a first print pattern, the method comprising:
`
`acquiring sensing data relating to chewing/swallowing information of a user via a network
`
`from a sensing device associated with the user, wherein the chewing/swallowing information of
`
`the user represents a swallowing cycle duration associated with eating of the first printed food by
`
`the user;
`
`determining, based on at least the first print pattern and the swallowing cycle duration, a
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`second print pattern used for a second printed food to be created for the user by the food printer to
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`increase a numberof chewsor the swallowing cycle duration for the second printed food relative
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`to the first printed food when a target swallowing cycle duration is greater than the swallow cycle
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`duration of the user; and
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`transmitting print control information to the food printer via the network, wherein the print
`
`control information is used for causing the food printer to create the second printed food for the
`
`user using the determined second print pattern.
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`{P65864 06181617. DOCX}
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`REMARKS
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`Applicant initially expresses appreciation to the Examinerfor the detailed Office Action
`
`provided. Applicant also expresses appreciation for the indication that the drawings are accepted,
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`for the acknowledgmentof the claim for foreign priority and receipt of the certified copy of the
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`priority document, and for the acknowledgmentand consideration of the Information Disclosure
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`Statements filed on March 15, 2022, May 5, 2022, and June 5, 2022.
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`Upon entry of the present paper, claims 1-2, 4-6, 10, and 16 will have been amended and
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`claims 20-21 will have been added. Thus, claims 1-21 will be pending in the present application,
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`with claims 1, 2, 20, and 21 being in independent form.
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`The herein-contained amendments and newclaims are not an acquiescencein the propriety
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`of the outstanding rejections. Instead, the claims are amended and addedto even more clearly and
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`explicitly set forth features of the present application, as a sincere effort to advance prosecution.
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`In this regard, it is submitted that the amendments and new claims contain no prohibited new
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`matter. For example, the amendments and new claims are submitted to be supported at least by
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`4[0118] and ¥[0120] of the present application asfiled (4[0122] and 4 [0124] of corresponding U.S.
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`Pat. Appl. Pub. No. 2022/0206463).
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`Applicant addresses the pending rejections below and respectfully requests reconsideration
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`and withdrawal thereof together with an indication of allowability of claims 1-21 (7e., all pending
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`claims) in the next Official communication. Such action is respectfully requested and submitted
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`to be appropriate for at least the reasons provided below.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`Double Patenting Rejection
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`In the Office Action, claims 1-19 (7.e., all examined claims) are also provisionally rejected
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`on the ground of non-statutory obviousness-type double patenting as being unpatentable over
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`claims 1-19 of co-pending U.S. Pat. Appl. No. 17/695,361.
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`Irrespective of the rejection or the propriety thereof, it is noted that Applicant does not
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`presently intend to pay the Appeal Forwarding Fee in the ‘361 application, and intends to allow
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`the application to go abandoned. Thus, it is submitted that the grounds of the above-captioned
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`rejection will become moot.
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`Accordingly, for these reasons, Applicant is not taking any action with respect to the
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`rejection, but rather, requests that the rejection be withdrawn as the groundsthereof will become
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`moot. Should the ‘361 application not be timely abandoned and/or additional action be required
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`by the Applicant, the Examineris requested to contact the undersigned.
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`35 U.S.C. § 103 Claim Rejection
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`Claims 1-19 (7e., all examined claims) are rejected under 35 U.S.C. § 103 as being
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`unpatentable over U.S. Pat. Appl. Pub. No. 2018/0116272 to Hardee et al.
`
`(hereinafter
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`“HARDEE#1”) in view of U.S. Pat. Appl. Pub. No. 2017/0148348 to Hardeeet al. (hereinafter
`
`“HARDEE#2”)
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`and U.S. Pat. Appl. Pub. No. 2010/0240962 to Contant
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`(hereinafter
`
`“CONTANT”).
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`As generally discussed above, without acquiescing in the propriety of the rejection, the
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`claims are amended by the present paper. At least in view of the amendments, Applicant
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`respectfully traverses the groundsofthe rejection as at least no longer existing.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`That is, independent claim 1 of the present paperis directed to a method for controlling a
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`food printer in a food-material providing system. The food printer creates a first printed food by
`
`using a first print pattern.
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`According to the amended independent claim, the method: (1) acquires sensing data relating
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`to chewing/swallowing information of a user via a network from a sensing device associated with
`
`the user, with the chewing/swallowing information of the user being related to a motion of the user
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`including at least one of chewing or swallowing the first printed food by the user when the user
`
`eats the first printed food; (11) determines, based on the chewing/swallowing information of the
`
`user, a meal duration associated with eating of the first printed food by the user; (111) determines,
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`based on at least the first print pattern and the meal duration, a second print pattern used for a
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`second printed food to be created for the user by the food printer to increase a number of chewsor
`
`the meal duration for the second printed food relative to the first printed food when the meal
`
`duration of the user is less than a predetermined duration; and (iv) transmits print control
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`information to the food printer via the network, with the print control information being used for
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`causing the food printer to create the second printed food for the user using the determined second
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`print pattern.
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`Applicant respectfully submits that any proper combination of HARDEE#1 in view of
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`HARDEE#2 and CONTANTfails to disclose or render obvious at least such feature of amended
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`independentclaim 1, as set forth by above-mentioned feature (i11) of the claimed combination.
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`Instead, HARDEE#1 discloses various methods and systems for 3D printing a food item.
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`(See, e.g., HARDEE#1 at Abstract).
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`In this regard, in some embodiments, the methods and
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`systems modify a recipe to comply with dietary restrictions, such as by reducing a portion size
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`and/or replacing ingredients. (HARDEE#1 at §[0016]).
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`Nevertheless, HARDEE#1 is completely silent about determining a second print pattern
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`for a second printed food, in order to increase a number of chewsor a meal duration for the second
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`printed food relative to a first printed food when a meal duration of the user is less than a
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`predetermined duration.
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`Indeed, the Office Action appears to acknowledge such deficiencies of
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`HARDEE#1.
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`(See Office Action at page 15, lines 19-23). As such, it is respectfully submitted
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`that HARDEE#1 fails to disclose, or even render obvious, above-mentioned feature (iii) of
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`amended independent claim 1 of the present application, as recited by the claimed combination.
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`Furthermore, it is respectfully submitted that any proper combination of HARDEE#2 and
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`CONTANTfails to cure the deficiencies of HARDEE#1.
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`Instead, HARDEE#2 merely appears to disclose a method whichuses a wearable electronic
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`device to track a user’s sleep and other activity,
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`such that a personalized supplement
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`recommendation may be generated.
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`(See, e.g., HARDEE#2 at §[0013] and 4[0021]).
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`Nevertheless, generating a personalized supplement
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`recommendation is
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`submitted to be
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`fundamentally and completely different than determining a second print pattern to increase a
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`number of chews or a meal duration, relative to a first printed food, when a meal duration while
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`eating the first printed food is less than a predetermined duration. Accordingly, it is respectfully
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`submitted that HARDEE#2 cannot be reasonably interpreted to cure the deficiencies of
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`HARDEEF#!1 and render obvious above-mentioned feature (ii1) of amended independentclaim 1.
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`Moreover, while CONTANTis relied upon to teach chewing/swallowing information,this
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`document also fails to teach that a second print pattern is determined to increase a numberof
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`chews or a meal duration, relative to a first printedfood, when a meal duration while eating the
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`first printed food is less than a predetermined duration. Accordingly, it is even further submitted
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`that CONTANTfails to cure the deficiencies of HARDEE#1 and render obvious above-mentioned
`
`feature (i11) of amended independentclaim 1.
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`For at least these reasons,
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`it is respectfully submitted that any proper combination of
`
`HARDEE#1, HARDEE#2, and CONTANTfails to render obvious at least the above-mentioned
`
`features of amended independent claim 1, as now recited by the claimed combination. As such,it
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`is submitted that the grounds of the obviousnessrejection of claim 1 at least no longer exist, and
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`it is requested that the rejection be withdrawnin the next Official communication.
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`Moreover, amended independent claim 2 is submitted to recite a similar as above-
`
`mentioned feature (ii1) of amended independent claim 1. Thus,it is similarly submitted that the
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`groundsof the obviousness rejection of claim 2 at least no longerexist, and it is requested that the
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`rejection be withdrawnin the next Official communication.
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`With respect to claims 3-19, since these claims are each directly dependent from amended
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`independent claim 1,
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`it is similarly submitted that these claims are not rendered obvious by
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`HARDEE#1, HARDEE#2, and CONTANTin view of their dependencies, and also in view of
`
`their further combinations of recited features. As such, it is also requested that the rejection of
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`these claims be withdrawnin the next Official communication.
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`New Claims 20-21
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`New independent claims 20-21 are presented by the present paper to recite further
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`combinations of features of the present application. These claims are submitted to generally recite
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`similar/related features to amended independent claims 1 and 2, and thus, are similarly submitted
`
`to be allowable for similar reasons as discussed above.
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`Atleast in view of the above,it is respectfully submitted that each and every pending claim
`
`of the present application (7.e., claims 1-21) meets the requirements for patentability. Thus, the
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`Examiner is respectfully requested to withdraw the outstanding rejections and to indicate the
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`allowance of each and every pending claim in the present application.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`CONCLUSION
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`In view ofthe fact that none of the art of record, whether considered alone, or in any proper
`
`combination thereof, discloses or renders obvious the pending claims of the present application,
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`and in further view of the above amendments and remarks, reconsideration of the Examiner's
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`action and allowance of the present application are respectfully requested and submitted to be
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`appropriate.
`
`Applicant notes that this amendment
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`is being made to advance prosecution of the
`
`application to allowance, and should not be considered as surrendering equivalents of the territory
`
`between the claims prior to the present amendment and the amended claims. Further, no
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`acquiescence as to the propriety of the Examiner's rejection is made by the present amendment.
`
`All amendmentsto the claims which have been madein this amendment, and which have not been
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`specifically noted to overcomea rejection based upon the prior art, should be considered to have
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`been made for a purpose unrelated to patentability, and no estoppel should be deemedto attach
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`thereto.
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`Should an extension of time be necessary to maintain the pendency of this application,
`
`including any extensionsof time required to place the application in condition for allowance by an
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`Examiner's Amendment, the Commissioner is hereby authorized to charge any additional fee to
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`Deposit Account No. 19-0089.
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`Attorney Docket No. P65864
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`U.S. Pat. Appl. No. 17/695,340
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`If there should be any questions concerning this application, the Examineris invited to
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`contact the undersigned at the telephone numberlisted below.
`
`Respectfully Submitted,
`
`/James P. Bonnamy/
`Reg. No. 63,649
`James P. Bonnamy
`
`Bruce H. Bernstein
`Reg. No. 29027
`
`June 3, 2024
`GREENBLUM & BERNSTEIN,P.L.C.
`1950 Roland Clarke Place
`Reston, VA 20191
`(703) 716-1191
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