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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/24/2025 has been entered.
Response to Arguments
Applicant’s arguments, filed 9/24/2025, with respect to drawing objections have been fully considered and are moot in light of the recent amendments to the claims. The objections of 6/26/2025 has been withdrawn because the claims were cancelled.
Applicant’s arguments, filed 9/24/2025, with respect to 35 U.S.C 112(b) for claims 25 and 29 have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 6/26/2025 have been withdrawn because the claims were amended.
Applicant’s arguments, filed 9/24/2025, with respect to 35 U.S.C 112(b) for claims 28 have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 6/26/2025 have been withdrawn because the claims were cancelled.
Applicant’s arguments, filed 9/24/2025, with respect to 35 U.S.C 103 have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 6/26/2025 have been withdrawn because the claims were amended.
Claim Rejections - 35 USC § 112
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.
Claims 3, 26, 27, and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “about” in claim 3 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 26 and 27 are also rejected due to their dependence to one or more of the above rejected independent claims.
The term “substantially” in claim 30 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 26 and 27 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action for claim 3 and to include all of the limitations of the base claim and any intervening claims.
Claim 30 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 1, 5-9,11-16,19,24-25, 29, and 31 are allowed.
This office action is responsive to the amendment filed on 9/24/2025. As directed by the amendment: claims 1, 5, 6, 8, 9, 19, and 25, 29 have been amended; claim 4 has been cancelled; claim 31 is added. Thus, claims 1, 5, 6, 8, 9, 19, 25, 29, and 31 are presently pending in this application.
REASONS FOR ALLOWANCE
Claims 1, 5-9,11-16,19, 24-25, 29, and 31 are being allowed.
The following is an examiners statement of reasons for allowance:
With respect to independent claim 1, the present invention is allowed over the prior art of record because the prior art does not show the claimed froth producing device which includes a frothing unit with a frothing chamber, liquid inlet, froth outlet, chamber wall, rotor body, rotor body external surface, gap, and pattern of irregularities.
With respect to the remaining independent claims, as somewhat similar recitations are present therein, the above comments presented with respect to independent claim 1, are applicable where appropriate to said dependent claims 5-9, 11-16, 19, and 24-25 as well as independent claim 31.
The closest prior art of record is discussed hereafter:
US20180042290A1 Buhlmann
US20110158036A1 Nikolaas
The prior art of record by itself or in combination does not disclose the structural and functional limitations as recited in the claims. Specifically, the prior art does not disclose a device comprising a liquid inlet, a froth outlet, a chamber wall, a rotor body, gap, and a pattern of irregularities along said gap that diminishes toward said outlet as recited in independent claim 1.
While Buhlmann does disclose A froth producing device for producing a liquid froth from a liquid [par. 1 teaches foaming milk], comprising a frothing unit [mixing unit 30] with a frothing chamber [hollow housing 31] wherein said frothing chamber comprises:
a liquid inlet, receiving said liquid [par. 36 teaches “first opening 37 is adapted to receive from the outside air and the liquid to be foamed”]
a froth outlet, dispensing said liquid froth [par. 36 teaches “The second opening 38 is adapted to dispense the foamed liquid out of the mixing unit 30”]
a chamber wall [par. 35 teaches “The wheel 34 is arranged inside the housing 31 so that a gap 36 having a determined width is formed between the housing 31 and the outer surface 35 of the wheel 34”];
and a rotor body [wheel 34], wherein said liquid inlet and said froth outlet are spatially separated from each other [fig.1], wherein said rotor body [wheel 34] is provided for rotation about a rotation axis in said frothing chamber [par. 34 teaches “for example the outer surface 35 of a wheel 34, rotatable with respect to the housing 31”], wherein the rotor body comprises an external surface [outer surface 35] facing said chamber wall of the frothing chamber [fig. 1], wherein said external surface of said rotor body and said chamber wall of said frothing chamber together define a gap [gap 36] in between said external surface and said chamber wall [fig. 1 and par 35], having a gap width all-around said rotation axis [par. 35], wherein the liquid inlet and the froth outlet are connected via the gap [fig. 1], Buhlmann does not disclose wherein, in an axial direction from the liquid inlet to the froth outlet, the rotor body has an external dimension, said external dimension decreasing traversely in said axial direction towards a distal outer end of said rotor body, wherein the chamber wall and the rotor body comprise parallel surfaces directed toward each other, and wherein at least one surface of said parallel surfaces comprises a pattern of irregularities along said gap that diminishes toward said outlet.
While Nikolaas does teach wherein at least one surface of said parallel surfaces is accidented at least at a position facing the gap [Nikolaas teaches a mixing device 10 comprising a conical rotor 101 and par. 37 in a housing inner housing 54 which are parallel surfaces where the rotor 101 is taught in fig. 2 to have an accidented surface marked by first end surface 110, grooves 111, radial edges 103b, and ribs 113 and par. 16-17 teach the use of ribs and grooves for creating higher turbulence], Nikolaas does not teach wherein, in an axial direction from the liquid inlet to the froth outlet, the rotor body has an external dimension, said external dimension decreasing traversely in said axial direction towards a distal outer end of said rotor body, wherein the chamber wall and the rotor body comprise parallel surfaces directed toward each other, and wherein at least one surface of said parallel surfaces comprises a pattern of irregularities along said gap that diminishes toward said outlet.
Since none of the prior art references of record alone or in combination disclose all the limitations of the applicant's independent claim 1, and since the prior art of record does not teach and render obvious of having a frothing unit with a frothing chamber, liquid inlet, froth outlet, chamber wall, rotor body, rotor body external surface, gap, and pattern of irregularities, thus independent claim 1 reads over the prior art of record and is considered to have allowable subject matter. The claims in the application are deemed to be directed to an nonobvious improvement over the invention patented in Buhlmann in combination with Nikolaas. The claims comprise in an axial direction from the liquid inlet to the froth outlet, the rotor body has an external dimension, said external dimension decreasing traversely in said axial direction towards a distal outer end of said rotor body, wherein the chamber wall and the rotor body comprise parallel surfaces directed toward each other, and wherein at least one surface of said parallel surfaces comprises a pattern of irregularities along said gap that diminishes toward said outlet to optimize the frothing process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM M ECKARDT whose telephone number is (313)446-6609. The examiner can normally be reached 6 a.m to 2:00 p.m EST Monday to Friday.
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ADAM MICHAEL. ECKARDT
Assistant Examiner
Art Unit 3761
/ADAM M ECKARDT/Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761