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 .
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.
Claim 6 is 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.
In claim 6, the recitation of “at least some crushers comprise a projection protruding against a rotating direction of the screw” is not definite. Claim 6 depends from claim 5, which recites “the container comprises at least one crusher protruding or recessed on an inner wall thereof”. In claim 6, it is not definite whether the recitation of “at least some crushers” refers to the “at least one crusher” of claim 5. In addition, it is not definite how many element(s) claim 6 comprises in the recitation of “the recitation of “at least some crushers comprise a projection…” because ‘crushers’ is plural but ‘projection’ is singular and claim 5 also recites ‘crusher’ not ‘crushers’. For examination purposes, claim 6 is interpreted as referring to the at least one crusher of claim 5.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 205306708 U to LIAO (“LIAO) in view of WO 2016/072720 A1 to KIM et al. (“KIM”).
LIAO discloses:
Regarding claim 1: a food processor comprising:
a screw (e.g., pressing device 3) formed with a crushing blade (e.g., Fig. 1-3 and para 24-31);
a container (e.g., container 1) in which a base end side of the screw is rotatably accommodated (e.g., Fig. 1-3 and para 24-31);
Regarding claim 9: the food processor of claim 8, wherein the juice-extraction filter comprises:
an inner filter (e.g., press cylinder 2) provided to surround the tip end side of the screw and comprising a plurality of slits (e.g., juice holes 23) (e.g., Fig. 1-3 and para 24-31); and
an outer filter (e.g., movable cover 4) detachably coupled to the inner filter to surround the inner filter, and comprising a plurality of plugs (e.g., shielding blocks 41) accommodated in the plurality of slits and forming a micro-gap together with the plurality of slits while coupling with the inner filter (e.g., Fig. 1-3 and para 24-31), and
juice extracted from a food ingredient pressed between the tip end side of the screw and the inner filter is discharged between the outer filter and the filter cover through the micro-gap (e.g., Fig. 1-3 and para 24-31);
Regarding claim 10: the food processor of claim 9, wherein
a bottom surface of the container is formed with a juice outlet (e.g., outlet of container 1 seen in Fig. 1) through which juice discharged (e.g., Fig. 1-3 and para 24-31);
Regarding claim 11: the food processor of claim 10, further comprising a discharge-preventing piece (e.g., cover base 22) provided above the juice outlet so that a food ingredient put into the container or a food ingredient byproduct produced while extracting juice from the food ingredient can be prevented from being directly discharged through the juice outlet without passing through the juice-extraction filter (e.g., Fig. 1-3 and para 24-31);
Regarding claim 12: the food processor of claim 11, wherein the discharge-preventing piece is extended from a first side of the inner filter (e.g., Fig. 1-3 and para 24-31); and
Regarding claim 13: the food processor of claim 9, wherein
the inner filter comprises a first residue outlet (e.g., outlet holes 21) through which residues remaining after extracting juice from a food ingredient between the tip end side of the screw and the inner filter are discharged (e.g., Fig. 1-3 and para 24-31), and
the residue remaining after extracting the juice from the food ingredient is discharged between the first residue outlet and the tip end of the screw (e.g., Fig. 1-3 and para 24-31).
LIAO does not explicitly discloses an ingredient guider (as recited in claim 1).
However, KIM discloses:
Regarding claim 1: a food processor comprising:
a screw (e.g., screw 500) formed with a crushing blade (e.g., spiral crushing blade 501) (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
a container (e.g., container 100) in which a base end side of the screw is rotatably accommodated (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83); and
an ingredient guider (e.g., guide 300) extended upward from the container, and comprising an ingredient inlet (e.g., inlet 200) on a top thereof to feed a food ingredient, so that the food ingredient fed through the ingredient inlet can be guided into the container (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83),
wherein the ingredient guider is eccentrically disposed with respect to the container, and comprises a first side being in contact with an upper side of the container and a second side being in contact with a lateral portion and a lower side of the container (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83), and
the second side of the ingredient guider comprises a bottom side of an inner surface thereof biased toward a tip end side of the screw (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 2: the food processor of claim 1, wherein the inner surface of the second side of the ingredient guider comprises an outer line (e.g., lines seen in Fig. 1-7 and 10-13) formed by connecting outermost points of horizontal planes, and the outer line comprises an upper line extended vertically downward, and a lower line (e.g., lines seen in Fig. 1-7 and 10-13) inclined with regard to the upper line from a lower portion of the upper line toward a tip end of the screw (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 3: the food processor of claim 2, wherein an edge line (e.g., lines seen in Fig. 1-7 and 10-13) forming a boundary between the container and the inner surface of the second side of the ingredient guider comprises a first edge line adjacent to the tip end of the screw with respect to the lower line, and a second edge line adjacent to the base end of the screw with respect to the lower line, and the first edge line is more steeply inclined with regard to a rotary shaft of the screw than the second edge line (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 4: the food processor of claim 1, wherein the first side of the ingredient guider is extended upward at a position spaced apart from a center of the container in a direction of the first side (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 5: the food processor of claim 1, wherein the container comprises at least one crusher (e.g., brush 135) protruding or recessed on an inner wall thereof (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 6, as best understood: the food processor of claim 5, wherein at least some crushers comprise a projection (e.g., brush 135) protruding against a rotating direction of the screw (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 7: the food processor of claim 1, wherein the screw comprises an ingredient accommodating groove at a first side thereof, in which a food ingredient entering the container through the ingredient guide is at least partially accommodated (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 8: the food processor of claim 1, further comprising:
a filter cover (e.g., cover 130) rotatably accommodating the tip end side of the screw and detachably coupled to the container (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83); and
a juice-extraction filter (e.g., juice extraction net 600) provided between the filter cover and the screw (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83);
Regarding claim 10: the food processor of claim 9, wherein
a bottom surface of the container is formed with a juice outlet (e.g., juice outlet 122) through which juice discharged between the outer filter and the filter cover is drained (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83), and
the filter cover comprises a downward surface (e.g., downward surface of cover 130 seen in Fig. 13) inclined toward the container so that juice can flow toward the juice outlet (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83); and
Regarding claim 11: the food processor of claim 10, further comprising a discharge-preventing piece (e.g., body 510) provided above the juice outlet so that a food ingredient put into the container or a food ingredient byproduct produced while extracting juice from the food ingredient can be prevented from being directly discharged through the juice outlet without passing through the juice-extraction filter (e.g., Fig. 1-7 and 10-13 and para 48-58 and 80-83).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify LIAO as suggested and taught by KIM in order to increase juice extraction rate.
Allowable Subject Matter
Claims 14-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S STAPLETON whose telephone number is (571)270-3492. The examiner can normally be reached Monday-Thursday regular business hours.
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/ERIC S STAPLETON/Primary Examiner, Art Unit 3761 June 12, 2025