OFFICE ACTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Priority
Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d). All of the CERTIFIED copies of the priority documents have been received in this national stage application from the International Bureau (PCT Rule 17.2(a)).
Information Disclosure Statement
Note the attached PTO-1449 forms submitted with the Information Disclosure Statements.
Drawings
The replacement sheets of drawings filed on 22 SEP 2021 are objected to under 37 CFR § 1.84 in view of the following deficiencies that require correction:
the text “[Figure number]” in each of the Figures is superfluous and should be removed.
The drawings contain improper sectional views. The plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight (37 CFR 1.84(h)(3)). For example, Figure 4c should be a sectional view taken along line 4c-4c in Figure 4b (not sectional line A-A). All sectional views should be corrected in accordance with 37 CFR 1.84(h)(3).
Applicant should review the specification and drawing Figures to ensure a proper one-to-one correspondence between the specification and drawings in accordance with MPEP 608.01(g) and 37 CFR 1.84(f). The brief description of the drawings and the descriptive portion of the specification may require revision in accordance with any drawing objections listed herein or those noticed by Applicant during said review.
From MPEP 608.01(g): The reference characters must be properly applied, no single reference character being used for two different parts or for a given part and a modification of such part. See 37 CFR 1.84(p). Every feature specified in the claims must be illustrated, but there should be no superfluous illustrations.
Applicant should thus verify that (1) all reference characters in the drawings are described in the detailed description portion of the specification and (2) all reference characters mentioned in the specification are included in the appropriate drawing Figure(s) as required by 37 CFR 1.84(p)(5).
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement figures which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments, or remarks, section of the amendment. Any replacement drawing sheet must be identified in the top margin as “Replacement Sheet” (37 CFR 1.121(d)) and include all of the figures appearing on the immediate prior version of the sheet, even though only one figure may be amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and centered within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheets must be clearly labeled as “Annotated Marked-up Drawings” and accompany the replacement sheets.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The Abstract of the Disclosure is objected to because:
a. the recitation of "”The invention relates to” and “The invention provides” are improper implied phrases.
Correction is required. See MPEP § 608.01(b).
The title is acceptable.
Claim Rejections - 35 U.S.C. § 112(b)
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.
The inquiry during examination is patentability of the invention as the inventor or a joint inventor regards such invention. If the claims do not particularly point out and distinctly claim that which the inventor or a joint inventor regards as his or her invention, the appropriate action by the examiner is to reject the claims under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In re Zletz, 893 F.2d 319, 13 USPQ2d 1320 (Fed. Cir. 1989).
Claims 1-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as the invention.
NOTE: Per 37 CFR 1.75(c), dependent claims shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim. Accordingly, by definition, any claims that depend from a claim that is deemed indefinite under 35 USC 112(b) will also be considered indefinite and identified in the list of rejected claims above, even if such claims are themselves free of indefiniteness under § 112(b).
Claim 1, line 6: “the pull rope” lacks antecedent basis.
Claim 3 is worded in an awkward and unclear manner - it is unclear how many flanges are being recited. It appears only one flange 121 is disclosed on the upper disc 11.
Claim 9: A claim may be rendered indefinite by reference to an object that is variable. For example, the Board has held that a limitation in a claim to a bicycle that recited “said front and rear wheels so spaced as to give a wheelbase that is between 58 percent and 75 percent of the height of the rider that the bicycle was designed for” was indefinite because the relationship of parts was not based on any known standard for sizing a bicycle to a rider, but on a rider of unspecified build. Ex parte Brummer, 12 USPQ2d 1653 (Bd. Pat. App. & Inter. 1989).
Claim 9 thus recites the term “thin shaft” - with specific regard to the term "thin shaft", this term is deemed a subjective term. Some objective standard must be provided in order to allow the public to determine the scope of the claim. A claim that requires the exercise of subjective judgment without restriction may render the claim indefinite. In re Musgrave, 431 F.2d 882, 893 (CCPA 1970). Claim scope cannot depend solely on the unrestrained, subjective opinion of a particular individual purported to be practicing the invention. Datamize, LLC v. Plumtree Software, Inc. 417 F.3d 1342, 1350 (Fed. Cir. 2005). Since these claims rely on subjective judgment or opinion to determine at what angle of spray of the atomizer is either sufficient or insufficient to meet the requirements of the claims, the claims are of indeterminate scope.
Claim 9 is of indeterminate scope since it is unclear what shaft sizes are included or excluded by the claim language. Thus, the metes and bounds of this claim are so unclear as to obscure the specific subject matter the claim encompasses. Furthermore, since the geometry is related to a variable (the subjective interpretation of the word “thin”), this claim is further indefinite as reciting a structural element [the shaft] to an undetermined/unspecified variable (see MPEP 2173.05(b)).
Claim 10: the structural equivalent(s) of “a button structure of a ball pen” is unknown. Thus, the metes and bounds of this claim are so unclear as to obscure the specific subject matter the claim encompasses. Furthermore, since the button structure is related to an element that is not defined [a ball pen], this claim is further indefinite as relating a structural element [the button structure] to an undetermined/unspecified variable [the unknown structure of an undefined ball pen].
Claim 16: “the top surface” and “the upper cover” lack antecedent basis.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
The subject matter of claim 2 is found within the scope of claim 1 and thus fails to further limit claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989).
The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000). "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." Verdegaal Bros. Inc. v. Union Oil Co. of California, 814 F.2d 628, 631 (Fed. Cir. 1987).
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983). See MPEP 2112.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless—
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 3, 4, 5, 6, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2304598 A.
GB 2304598 A discloses a pull type transmission system 6, wherein the pull type transmission system 6 comprises a pull mechanism 1-3, 22; the pull mechanism at least comprises a coaxial column, the coaxial column is formed by connecting rotary discs 2 with different diameters (Figure 3 showing a large outer diameter upper disc at 2 and a lower disc of smaller diameter abutting the upper disc at a face, the lower disc having the pull rope 1 wound thereabout), and planes connecting the rotary discs with different diameters are connecting faces; the pull mechanism is provided with a rope tying position below 2, the rope tying position is arranged on a side face of the pull mechanism, and the pull rope 1 is connected to the pull mechanism through the rope tying position at one end and is wound around the rotary discs (Figure 3); and the pull mechanism 3 is connected to a resilience mechanism 3 providing a resilience force and is used for retracting the pull rope after the pull rope is pulled out;
wherein the coaxial column is formed by connecting two rotary discs 2 with different diameters as noted above;
wherein the connecting faces extend outward and is provided with flange at 22 or just below 22 in Figure 3 protruding outward;
wherein the rope tying position seen below 2 in Figure 3 is adjacent to the connecting faces and located above or below the connecting faces;
wherein the rope tying position is a structure that runs through the rotary discs 2, and the pull rope 1 extends outward from the rotary discs 2 - Figure 3;
wherein the resilience mechanism 3 is a set of coil springs 3 and arranged above or below the pull mechanism - Figure 3;
a food processor 7 having the pull mechanism is connected to a transmission mechanism 4, 5, 41, 51; and the transmission mechanism is connected to a food processing device 7 that is operated in a rotating manner - Figure 4;
wherein the transmission mechanism is a rotating shaft 51 or a transmission shaft 51 connected to a one-way gear 4, and the upper part of the transmission shaft passes 51 through the top surface of the upper cover and is connected to the food processing device 7 - Figure 4.
Claims 1, 2, 3, 4, 5, 6 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RIEDE (US 004/0168583 A1).
RIEDE discloses a pull type transmission system 10, wherein the pull type transmission system 10 comprises a pull mechanism; the pull mechanism at least comprises a coaxial column, the coaxial column is formed by connecting rotary discs 12 with different diameters (Figure 2 showing a large outer diameter upper disc at 12 and a lower disc of smaller diameter 12 abutting the upper disc at a face, the lower disc having the pull rope 11 wound thereabout), and planes connecting the rotary discs with different diameters are connecting faces; the pull mechanism is provided with a rope tying position above A-A, the rope tying position is arranged on a side face of the pull mechanism, and the pull rope 11 is connected to the pull mechanism through the rope tying position at one end and is wound around the rotary discs (Figure 2); and the pull mechanism is connected to a resilience mechanism 13 providing a resilience force and is used for retracting the pull rope after the pull rope is pulled out;
wherein the coaxial column is formed by connecting two rotary discs 12 with different diameters as noted above;
wherein the connecting faces extend outward and is provided with flange between 11 and 12 in Figure 2 protruding outward;
wherein the rope tying position above A-A in Figure 2 is adjacent to the connecting faces and located above or below the connecting faces;
wherein the rope tying position is a structure that runs through the rotary discs 12, and the pull rope 11 extends outward from the rotary discs 12 - Figure 2;
wherein the resilience mechanism 13 is a set of coil springs 13 and arranged above or below the pull mechanism - Figure 2;
a food processor 1 having the pull mechanism is connected to a transmission mechanism seen in Figure 3 and the transmission mechanism is connected to a food processing device 1 that is operated in a rotating manner - Figure 1.
Allowable Subject Matter
Claims 7-12, 14, 15, and 17 would be allowable if rewritten to overcome the rejection under 35 U.S.C. § 112 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses pull type transmissions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COOLEY whose telephone number is (571) 272-1139. The examiner can normally be reached M-F 9:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X. WANG can be reached at 571-272-1700. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 12 MAR 2026