Sandwich assembly tool

Note the following THREE published patent applications:

#1. 20060134273, from 11/018989, filed December 21, 2004

Abstract: The present invention relates to a sandwich assembly tool and methods of making a sandwich, which may be a hot or cold sandwich, quickly by pre-assembly of various sandwich components and simultaneous preparation of different parts of the same sandwich. The sandwich assembly tool is composed of a member preferably having one or two cavities for containing a quantity of garnish. The cavities are used for the assembly of the sandwich. The tool may have a raised ridge adjacent one or both cavities for placement against the hinge of a bread component. Methods of making a sandwich are disclosed. The methods may include one or more of the use of preassembled sandwich fillings, assembly of garnishes in advance of a customer's order or while other portions of the sandwich are being heated using the sandwich assembly tool, the simultaneous heating of a bread component and the sandwich filling, placing the bread component over the tool containing garnish, and inverting the tool and bread combination to deposit the sandwich garnish onto the bread component.

first claim:

A method of filling an order for a sandwich comprising: toasting a bread component for the sandwich for less than about 1 minute in response to the order in a first heating device; and initiating and completing the heating of a sandwich filling for the sandwich from about 40.degree. F. or less to about 120.degree. F. or more in a second heating device, while the bread component is heating, in response to the order.

#2. 20060134272, 11/018959, filed December 21, 2004

first claim:

A sandwich assembly tool for making a sandwich composed of at least a bread component and sandwich garnish, comprising: a member comprising two separate spaced apart cavities for holding sandwich garnish material to be applied to a bread component for a sandwich, each cavity having an opening located in substantially the same plane; and a quantity of sandwich garnish material contained and in contact with at least one of the cavities.

#3. 20060134271, 11/018295, filed December 21, 2004

first claim:

A method of making a sandwich composed of at least a bread component and sandwich garnish comprising: placing sandwich garnish material on a sandwich assembly tool, the sandwich assembly tool comprising a region for holding sandwich garnish material to be applied to a bread component of a sandwich, the member comprising at least one cavity; placing the bread component over and adjacent the cavity; and thereafter inverting the sandwich assembly tool and the bread component while the bread is adjacent and covering the cavity to cause the sandwich garnish to be deposited from the cavity to the bread component.

**On April 18, 2008, there was a non-final rejection in 11/018959:

Claims 1-20 were rejected under 112 P2

Claim 1 (among others) was rejected under 102(b) over US 5012971.

Curiously, there was separately a rejection over a design patent, D274693.

The examiner brought up MPEP 2111.02 on statements regarding purpose or intended use. Only if a structural difference exists, does the recitation serve to limit the claim. If the prior art structure is capable of performing the intended use, then it meets the claim.