DETAILED ACTION
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 .
Response to Amendment
The amendment filed on 11/28/2025 has been entered into the prosecution of the application.
Currently, claim(s) 10 is/are pending.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akira Yamaguro of JP 2006-174761 A (hereinafter, Yamaguro) in view of Pengshan Ren of CN 210481343 U (hereinafter, Ren), James Call of US 2020/0224135 A1 (hereinafter, Call), Jingzhou Dong of CN 104893882 A (hereinafter, Dong), Peter Depew Fiset of US 2011/0143000 A1 (hereinafter, Fiset), and Kazuko Urakami of US 4,904,381 (hereinafter, Urakami), relying on Chu, T. K., and C. Y. Ho. "Thermal conductivity and electrical resistivity of eight selected AISI stainless steels." Thermal conductivity 15. Boston, MA: Springer US, 1978. 79-104 (hereinafter referred to as Chu) as an evidentiary reference.
As to claim 10, Yamaguro teaches to an apparatus (Yamaguro, paragraph [0020], teaches to an apparatus, as Yamaguro teaches to the alcoholic beverage maturation apparatus) for cutting electromagnetic force (Yamaguro, paragraph [0008], teaches to cutting electromagnetic force, as Yamaguro teaches to applying a magnetic field to alcoholic beverages), comprising a housing (Yamaguro, paragraph [0014], Fig. 1, teaches to a housing, as Yamaguro teaches yoke 7 for applying magnetic field) wherein:
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Fig. 1 of Yamaguro
the housing includes an environment control device (Yamaguro, paragraph [0023], Fig. 1, teaches to the housing including an environment control device, as Yamaguro teaches to a control device 9);
the environment control device and the housing are electrically connected to an electrical source, respectively (Yamaguro, Fig. 1, teaches that the environment control device and the housing are electrically connected to an electrical source, respectively, as Yamaguro teaches to the control device 9 and the yoke 7 of Yamaguro are necessarily electrically connected to an electric source, respectively);
the environment control device includes a thermostat for regulating an internal temperature of the housing (Yamaguro, paragraph [0023], Fig. 1, teaches that the environment control device includes a thermostat for regulating an internal temperature of the housing, as Yamaguro teaches to a temperature adjusting device 8; the temperature adjusting device 8 reads into a thermostat under the broadest reasonable interpretation because the temperature adjusting device of Yamaguro is configured to perform as a thermostat operates to maintain desired temperature).
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Fig. 1 of Ren
Yamaguro does not explicitly teach a plurality of permanent magnets disposed on an inner surface of the housing and an emission unit for emitting ultrasound.
In an analogous art, Ren teaches to a plurality of permanent magnets disposed on an inner surface of the housing (Ren, paragraph [0009], Fig. 1, teaches to a plurality of permanent magnets disposed on an inner surface of the housing, as Ren teaches to using magnetizers 5 for generating magnetic field) and an emission unit for emitting ultrasound (Ren, paragraph [0007], Fig. 1, teaches to an emission unit for emitting ultrasound, as Ren teaches to an ultrasonic transducer 4; the term “for emitting ultrasound” is an intended use, but the ultrasonic transducer 4 of Ren is capable of emitting ultrasound, nonetheless).
Both Yamaguro and Ren relate to liquor processing (Ren, paragraph [0002]). Both Yamaguro and Ren teach housings (bottom box 8; Ren, Fig. 1). Yamaguro does not explicitly a plurality of magnets and an emission unit. Yamaguro does teach an alcoholic beverage maturation apparatus that has a case that houses an alcoholic beverage container (yoke 7; Yamaguro, Fig. 1) and the first and/or second magnetic field generating mechanism in a spaced or separated manner (Yamaguro, paragraph [0012]). Ren teaches using at least one permanent magnet (magnetizer 5; Ren, Fig. 1) for generating magnetic field (Ren, paragraph [0009]). Ren teaches that the bottom box is made of 316L stainless steel (Ren, paragraph [0008]). Stainless steel 316 is considered conductive due to low electrical resistivity (Chu, pg. 88, Table 2), and would have contributed to generating magnetic field inside housing of Yamaguro, thereby improving magnetization of liquid, such as alcoholic beverages (Ren, paragraph [0009]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the apparatus of Yamaguro with the processing machine of Ren for improving the quality of liquor (Ren, paragraph [0012]).
Yamaguro in view of Ren does not explicitly teach a pressure controller for controlling an internal pressure of the housing.
In an analogous art, Call teaches to a pressure controller for controlling an internal pressure of the housing (Call, paragraph [0026], [0030], Fig. 1, teaches to a pressure controller, as Call teaches that the output valve 46 allows extraction of some substantially all of the gases located in the space to form a vacuum; the term “for controlling an internal pressure of the housing” is an intended use, but the output valve 46 of Call is capable of controlling an internal pressure, nonetheless).
Both Yamaguro in view of Ren and Call relate to aging of liquids (Call, paragraph [0002]). Yamaguro in view of Ren does not explicitly teach a pressure controller. Both Yamaguro in view of Ren and Call do teach to an environment control unit 63 for controlling temperature of the liquid (Call, paragraph [0016], Fig. 1). Call teaches that the environment control unit 63, which is limited to controlling the temperature of liquid aging therein and not a pressure controller, may include an electrical cord 69 (Call, paragraph [0027], Fig. 1). Nonetheless, Call teaches a pressure controller (pressure valve 46) for reaching vacuum (Call, paragraph [0026]) for accelerating the aging process of the liquid and enhancing the flavor over a shorter time period (Call, paragraph [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the apparatus of Yamaguro in view of Ren with the pressure controller of Call for improving the liquid aging process (Call, paragraph [0026]).
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Fig. 1 of Fiset
Yamaguro in view of Ren and Call does not explicitly teach an illumination unit for emitting light and the thermostat is electrically connected to a cooling unit which is configured to flow gas to two conductive balls to decrease a temperature of each conductive ball.
In an analogous art, Fiset teaches to teach an illumination unit for emitting light (Fiset, paragraph [0046], teaches to an illumination unit for emitting light, as Fiset teaches that the source of ultraviolet light may comprise a first UV-LED, wherein Fiset, paragraphs [0019], teaches that the illumination of wine may accelerate wine aging tailored to consumer’s preferences) and the thermostat is electrically connected (Fiset, paragraph [0063], Fig. 1, teaches to the thermostat what is electrically connected to a cooling unit, as Fiset teaches to mains power-supply wire 16 and process control sensors and control loops for controlling temperature of the wine powered by electricity) to a cooling unit which is configured to flow gas to two conductive balls to decrease a temperature of each conductive ball (Fiset, paragraphs [0044], [0063], Fig. 1, teaches to the cooling unit which is configured to flow gas to two conductive balls to decrease a temperature of each conductive ball, as Fiset teaches to bottle-cooling fan 25, a fan configured for forced-convection, a Peltier-junction thermoelectric cooler, a refrigeration unit, a passive convection air-channel, or a heat-sink, wherein the fan is configured to flow gas, such as air, in forced-convection to decrease a temperature of any cooling object).
In regard to having two conductive balls instead of one, the applicant is reminded that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04.IV.B.
Both Yamaguro in view of Ren and Call and Fiset relate to wine aging (Fiset, paragraph [0157]). Yamaguro in view of Ren and Call does not explicitly teach an illumination unit. Yamaguro in view of Ren and Call does teach accelerating wine aging (Yamaguro, paragraph [0006]). Fiset teaches that photonic wine processing reduces the time needed to achieve an equivalent modification of beverages, such as wine (Fiset, paragraph [0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Yamaguro in view of Ren, Call, and Dong with the illumination unit of Fiset for reducing the processing time of alcoholic beverages (Fiset, paragraph [0019]) and for improving organoleptic properties (Fiset, paragraph [0028]).
Yamaguro in view of Ren, Call, and Fiset teaches to wherein the thermostat, the emission unit, and the illumination unit are electrically connected to the electric source, respectively (the temperature adjusting device 8 of Yamaguro, the ultrasonic transducer 4 of Ren, and a first UV-LED of Fiset are electrically and necessarily connected to the electric source to be operable).
Yamaguro in view of Ren, Call, and Fiset does not explicitly teach wherein the pressure controller is electrically connected to the electric source, respectively.
In an analogous art, Dong teaches wherein the pressure controller is electrically connected to the electric source, respectively (Dong, paragraph [0013], teaches wherein the pressure controller is electrically connected to the electric source, respectively, as Dong teaches that the high-pressure pump and the pressure gauge sensor are both electrically connected to the pressure controller, and the temperature display and the air heater are electrically connected to the temperature controller).
Both Yamaguro in view of Ren, Call, and Fiset and Dong relate to aging wine (Dong, paragraph [0048]). Yamaguro in view of Ren, Call, and Fiset does not explicitly teach an electronic pressure controller. Yamaguro in view of Ren, Call, and Fiset does teach reducing pressure to vacuum for accelerating wine aging (Call, paragraph [0026]). Dong teaches using an electronic pressure controller to control pressure (Dong, paragraph [0013]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the apparatus of Yamaguro in view of Ren, Call, and Fiset with the electronic pressure controller of Dong for improve aging of liquids (Dong, paragraph [0002]).
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Fig. 7 of Urakami
Yamaguro in view of Ren, Call, Dong, and Fiset does not explicitly teach a rotational member; the rotational member is disposed in the housing and electrically connected to the electric source; the rotational member is connected to each conductive ball; and the rotational member is configured to control a rotation of each conductive ball and supply electricity thereto.
In an analogous art, Urakami teaches to a rotational member (Urakami, col. 4, ln. 47, teaches to a rotational member, as Urakami teaches a rotary axis 30); the rotational member is disposed in the housing (Urakami, Fig. 7, teaches that the rotational member is disposed in the housing, as Urakami teaches that the rotary axis 30 is disposed in a hollow case 5) and electrically connected to the electric source (Urakami, col. 5, ln. 31, teaches to being electrically connected to the electric source, as Urakami teaches that the rotor 13 may be connected to a driving source such as a motor to produce the driving force); the rotational member is connected to each conductive ball (Urakami, col. 2, ln. 65, Fig. 3, teaches to the rotational member being connected to each conductive ball, as Urakami teaches that the rotary axis 30 is connected to rotor 13 which is conductive; magnetic plates 16 of the rotor 13 comprises iron sheets, making rotor conductive); and the rotational member is configured to control a rotation of each conductive ball and supply electricity thereto (Urakami, col. 8, ln. 5, teaches to the rotational member being configured to control a rotation of each conductive ball and supply electricity thereto, as Urakami teaches that a miniature motor may be incorporated to drive the rotor 13 electrically). In essence, instead of a static magnetic field, Urakami teaches to rotating magnetic field in its surroundings for magnetizing the fluid in fluid quality improvement (Urakami, col. 1, ln. 45-59) because Urakami teaches that rotating magnetic field is more effective than a static magnetic field (Urakami, col. 1, ln. 45-59).
Both Yamaguro in view of Ren, Call, Dong, and Fiset and Urakami relate to magnetization treatment of fluid (Urakami, col.1 , ln. 46). Yamaguro in view of Ren, Call, Dong, and Fiset does not explicitly teach the rotational member configured to control a rotation of each of the at least one ball and supply electricity thereto because Yamaguro in view of Ren, Call, Dong, and Fiset relate to a static magnetic field. However, Yamaguro in view of Ren, Call, Dong, and Fiset does teach magnetizing fluid by electromagnet and/or permanent magnet thereto for achieving the predictable result of improving fluid quality for fluid consumption because Urakami teaches that a motor electrically drives the conductive rotor 13 in a hollow case 5 (Urakami, Fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the apparatus of Yamaguro in view of Ren, Call, Dong, and Fiset with the rotational member of Urakami for rotating magnetic field in its surroundings for magnetizing the fluid in fluid quality improvement (Urakami, col. 1, ln. 45-59).
Response to Arguments
Applicant's arguments filed 11/28/2025 have been fully considered but they are not persuasive.
On pg. 5 of 5, the applicant asserts that “In Ren’s disclosure, the magnetizers (5) are provided on an underside of the container (2) which has a lower portion disposed in the bottom box (8) (see Fig. 1).”
However, Ren, paragraph [0009], Fig. 1, teaches to a plurality of permanent magnets disposed on an inner surface of the housing, as Ren teaches to using magnetizers 5 for generating magnetic field on an inner surface (see Fig. 1). Yamaguro teaches to the housing (Yamaguro, Fig. 1, yoke 7).
Even if the applicant’s assertion is found to be valid, it is not clear the Ren’s disclosure would overcome the prior art rejection under 35 U.S.C. 103 for claim 10.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
At least for this reason, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
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/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794