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 .
Election/Restrictions
Applicant's election with traverse of Invention I (claims 1-10) in the reply filed on December 17, 2024 is acknowledged. The traversal is on the ground(s) that at least a portion for the Restriction Requirement where inventions I and IV are unrelated is an error as the burden of showing that inventions I and IV are not capable of use together was not satisfied. This is not found persuasive because Invention I is directed to an apparatus and Invention IV is directed to a composition of matter, Invention I (claim 1) does not recite structure that uses the “solution” in Invention IV (claim 19), and the limitation in the preamble “for combining with soap chips to form a soap mixture” in claim 19 does not impart patentability to the claim as the body of the claims intrinsically sets forth all the limitations of the claim inventions, therefore, the preamble of claim 19 merely states the purpose or intended use of the invention and is of no significance to claim construction. See MPEP § 2111.02 (II). Therefore, Invention I and IV are not capable of use together and have different designs, modes of operation, and effects.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 17, 2024.
Status of Claims
Claims 1-10 are examined.
Claims 11-20 are currently withdrawn in an election with traverse filed December 17, 2024.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. The form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains legal phraseology “means”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claim limitation(s) is/are:
“means for increasing surface area of the soap parts” and “means of agitation” in claim 1.
Regarding the limitation “means for increasing surface area of the soap parts” in claim 1, the claim provides the generic placeholder “means” and the recited function “for increasing surface area of the soap parts by producing soap chips,” but the function does not provide structure to the “means.” For examination purposes, the limitation will be interpreted in line with the instant specification in ¶ [0041] and dependent claim 6 as “a soap blade array and soap blade die” and “a soap chopper, shredder, grinder, or die and blade array”.
Regarding the limitation “means of agitation” in claim 1, the claim provides the generic placeholder “means” and the recited function “agitation,” but the function does not provide structure to the “means.” For examination purposes, the limitation will be interpreted in line with the instant specification in ¶ [0093] and dependent claim 5 as “a mixing arm or ultrasound”.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui (CN 105567482 A, an English machine translation is provided in this Office Action), in view of Lyu (CN 111808693 A, an English machine translation is provided in this Office Action).
Regarding claim 1, Cui discloses a device (¶ [0002] – soap reformer) for converting soap parts into bar soap or liquid soap mixture (¶ [0002] – soap reproduction), the device comprising:
a hopper (¶ [0012], [0025] – feed inlet with feeding bell mouth) for receiving the soap parts (¶ [0012] – soap blocks are placed into feeding bell mouth);
means (101) for increasing surface area of the soap parts by producing soap chips (¶ [0012] – spiral crusher 101 so as to crush the soap blocks), the means (101) for increasing the surface area being in communication with the hopper (¶ [0009] – feeding bell mouth is arranged at the feeding port of the spiral pulverizer 101) and at least some of the soap chips being smaller in size than the soap parts (¶ [0012] – crush soap blocks);
mixing vessel (¶ [0011], [0026] – heating container 201) for receiving the soap chips and forming a liquid soap mixture (¶ [0012] – heats and stirs the input materials until material become liquid), the mixing vessel comprising a means of agitation (¶ [0013] – blade evenly stirs in 201);
The limitation “for converting soap parts into bar soap” is recited in the preamble. The determination of whether preamble recitations are structural limitations or mere statements of purpose or use "can be resolved only on review of the entirety of the [record] to gain an understanding of what the inventors actually invented and intended to encompass by the claim" as drafted without importing "'extraneous' limitations from the specification." If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. See MPEP § 2111.02 (II).
As the body of the claim fully and intrinsically sets forth all the limitations of the claimed invention and the limitation “converting soap parts into bar soap” is not recited within the body of the claim, the limitation recites purpose or intended use of the invention.
Cui does not disclose liquid reservoir in fluid communication with the mixing vessel; ingredients reservoir in fluid communication with the mixing vessel; and a control unit having one or more processors; and a non-transitory memory operatively coupled to the one or more processors comprising a set of instructions executable by the one or more processors to cause the one or more processors to control one or more of the hopper, the means for increasing surface area, the mixing vessel, the means for agitation, and the ingredients reservoir.
Analogous art Lyu discloses an alkali solution treatment mechanism 6, a soap making mixing mechanism 7 and a mold-introducing mechanism 8 (¶ [0019], [0027]). Reactants are added into alkali solution treatment mechanism 6, then other substances are added into the soap making mixing mechanism 7 (mixing vessel) for heating and mixing (¶ [0019]).
Lyu further discloses liquid reservoir (601) (¶ [0033] – a first liquid adding tank 601 of 6) in fluid communication with the mixing vessel (7) (¶ [0034] – first valve pipe 6018 of 6 is opened to add alkali solution into 7); ingredients reservoir (607) (¶ [0033] – a second liquid adding tank 607 of 6) in fluid communication with the mixing vessel (¶ [0034] – first valve pipe 6018 of 6 is opened to add alkali solution into 7), a control unit having one or more processors (¶ [0032] – real-time control screen 4) and a non-transitory memory operatively coupled to the one or more processors (control screen 4 inherently comprises of non-transitory memory to provide control) comprising a set of instructions executable by the one or more processors (control screen 4 inherently comprises set of instructions to provide control) to cause the one or more processors to control one or more of the mixing vessel (¶ [0036] – first heating plate 7011 is powered on through control screen 4 to heat the second mixing chamber 701 of 7). Reactants sodium hydroxide and water from the tank 601 and tank 607, respectively, are added to form the alkali solution (¶ [0034]). The alkali solution of suitable concentration and temperature is added to mixing mechanism 7 (¶ [0032], [0034]) for full mixing and saponification reaction, then transferred to mold-feeding mechanism to be feed to mold, and produce soap (¶ [0032]). Efficient mixing of sodium hydroxide and water is achieved, and saponification temperature reaches the optimal temperature (¶ [0032]).
Cui and Lyu disclose an apparatus with the same or similar components performing the same or similar function of forming and molding soap. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the alkali solution treatment mechanism including a first and second liquid adding tank in communication with soap making mixing mechanism and the control screen powering to heat the second mixing chamber in Lyu to the heating container in Cui to reach the suitable concentration and temperature to achieve optimal saponification reaction to produce soap (¶ [0032], [0034]).
Regarding claim 2, Cui discloses at least one of a bar soap mold (3) (¶ [0027] – mold assembly 3) and a bar soap discharge area (303) (¶ [0027] – a demolding spring plate 303)
Regarding claim 3, Cui discloses a liquid soap mixture dispenser (206) (¶ [0026] – discharge port of 201 connected to a steering hose 206).
Regarding claim 4, Cui discloses a bar soap mold (3) (¶ [0027] – mold assembly 3), a bar soap discharge area (303) (¶ [0027] – a demolding spring plate 303) and a liquid soap mixture dispenser (206) (¶ [0026] – discharge port of the heating container connected to a steering hose 206).
Regarding claim 5, Cui discloses the means of agitation is a mixing arm (¶ [0013] – blade evenly stirs in 201).
Regarding claim 6, Cui discloses the means for increasing the surface area comprises at least one of a chopper, a shredder, and a grinder (¶ [0009] – grinding assembly comprises a spiral pulverizer).
Regarding claim 8, Cui discloses at least one of the mixing vessel comprises a heater (201) that heats contents of at least one of the mixing vessel mixture (¶ [0011-0012] – 201 heats the input materials until material become liquid).
Regarding claim 9, Cui discloses at the discharge port of the container 201 is provided with a liquid blocking plate to adjust the flow rate (¶ [0026]).
Cui does not disclose one or more pumps to move one or more of liquid from the liquid reservoir to the mixing vessel, ingredients from the ingredients reservoir to the mixing vessel, and contents from the mixing vessel.
Lyu discloses disclose one or more pumps (7016) to move one or more of contents from the mixing vessel (7012) (¶ [0035] – water bath heating chamber 7012 of 7 is connected with control connecting pipe 7015 and plugged with water pump 7016). After the saponification reaction is completed, water pump 7016 is powered on through the real-time control panel 4 to pump saponified product into the mold-in mechanism 8, thereby completing the saponification of raw materials (¶ [0036]).
Cui and Lyu disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the water pump powered by control panel in Lyu to the discharge port of the heating container in Cui to pump saponified product into the mold, thereby completing the saponification of raw materials (¶ [0036]).
Regarding claim 10, modified Cui discloses a user interface screen (4) in electrical communication with the control unit (4) (Lyu ¶ [0032] – real-time control screen 4) that controls at least one of a heater (7011) (Lyu ¶ [0036] – first heating plate 7011 of 7 is powered on through 4) and flow from the mixing tank to the bar soap mold (Lyu ¶ [0035] – water pump 7016 of 7 is powered on through 4).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui (CN 105567482 A) in view of Lyu (CN 111808693 A), as applied in claim 1 above, in further view of Huang (CN 110885721 A, an English machine translation is provided in this Office Action).
Regarding claim 7, Cui and Lyu do not disclose a device cleaning solution reservoir in fluid communication with the means for increasing surface area of the soap parts.
Huang discloses a crushed soap recovery agitator comprising a processing assembly and a stirring assembly connected by a connecting pipe (¶ [0009]). The processing assembly comprises a crushing assembly (means for increasing surface area of the soap parts) and the stirring assembly comprises a stirring box (mixing vessel) a plurality of stirring rods (means for agitation) (¶ [0009]).
Huang further discloses a device cleaning solution reservoir (¶ [0019] - a cleaning component includes water tank) in fluid communication with the means for increasing surface area of the soap parts (¶ [0019] – connected to water pump connected to spray pipe and plurality of nozzles in the stirring component). The processing assembly and stirring assembly are connected by a connecting pipe (¶ [0009]); therefore the cleaning component is in “fluid communication” with processing assembly comprising crushing assembly through stirring component. By setting up cleaning component, the inside of stirring component can be cleaned, thereby improving the cleanliness of the inside of the stirring component (¶ [0022]).
Cui and Huang disclose an apparatus with the same or similar components performing the same or similar function of forming and molding soap. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the cleaning component in Huang to the heating container in Cui to thereby improve the cleanliness of the inside of the heating container (¶ [0022]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0070386 A1 discloses a soap reforming assembly controlled by a control circuit
US 4781564 discloses an apparatus for reforming soap comprising a soap press component and grinding component
CN 109355140 A discloses a device for recycling broken soap that integrates crushing and pressing functions of soap fragments
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached on (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754