DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/202/206 has been entered.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Krasne (U.S. Publication 2005/0174882) in view of Doyel (U.S. Patent 4,497,580).
Regarding claim 1, Krasne teaches a portable drink blender (figures 1-4 show a portable drink blender), comprising: a tumbler having at least one side wall extending upwardly (item 12, which has at least one sidewall) into an upper rim and defining a beverage cavity therein (rim is the top surface of item 16 and a cavity is defined therein), a cap detachably secured to said upper rim of said tumbler (item 20), said cap defining a motor housing and having an upper and lower faces (item 54 and 88 are considered forming the motor housing, which houses motor 30, items 96 has a top face and item 54 has a lower face), a spout extending through an extending from said upper face of said cap (item 90 lip with orifice 82, see paragraph 23), and blender element mounted for rotation by a rotation shaft extending from said lower face of said cap (item 28 blender element and shaft 24), and a cover pivotally mounted to said cap and movable form an open position allowing user access to free end of said spout and a closed position sealing said spout (figure 2 top most element with cover shown with pins 96, and surface proximate item 100 which covers and seals item 82 via stopper item 92) wherein said rotation shaft for said blending element is offset laterally away from said spout (opening at item 82 is offset laterally from item 28). Regarding claim 1, Krasne is silent to blender blades. Regarding claim 1, Doyel teaches blender blades for a drink blender (items 40). Regarding claim 1, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mixing element of Krasne with the blender blade configuration of Doyel in order to obtain the desired degree of mixing.
Regarding claim 2, Krasne teaches wherein said blender element does not extend beyond an inner edge of said spout (figure 2 item 28 does not extend beyond an inner edge of items 90 and 82). Regarding claim 2, Krasne is silent to blender blades. Regarding claim 2, Doyel teaches blender blades for a drink blender (items 40). Regarding claim 2, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mixing element of Krasne with the blender blade configuration of Doyel in order to obtain the desired degree of mixing.
Response to Arguments
The remarks regarding the 35 U.S.C. 103 rejection of claim 1 has been considered and are considered persuasive regarding the combination of Doyel (U.S. Patent 4,497,580) and the spout of Stalling (U.S. Patent 5,199,788). A new ground of rejection is provided.
Allowable Subject Matter
Claim 3 is 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. While Krasne (U.S. Publication 2005/0174882) teaches as switch (item 34) and pins (item 96) Krasne is silent to the power switch being recessed in the upper face of said cap, and the actuating pins extending into said recessed power switch only when the cover is in a closed position as claimed in dependent claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHU BHATIA whose telephone number is (571)270-7628. The examiner can normally be reached Monday - Friday 11 a.m. to 7:30 p.m..
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774
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