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 .
Information Disclosure Statement
The information disclosure statement filed July 3, 2025, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. In particular, no document has been provided for the extended European search report of EP 22182314.9. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 13 is objected to because of the following informalities: claim 1 has been amended to delete the phrase “a discharge port” and claim 13 still recites “the discharge port.” This phrase is interpreted as referring to the discharge port that is known to be included in such a disposal device, but it is preferable for the first recitation of a feature to include “a,” e.g., a discharge port. Appropriate correction is required.
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 4 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.
Regarding claim 4, the claim recites the rotating cutting member includes “a first cutter and a rotating shaft” which renders the claim indefinite because claim 1 already recites the rotating cutting member including these features, thus it is unclear if these are the same first cutter and rotating shaft or new ones in claim 4. For the purpose of examination, claim 4 will be interpreted as reciting the same features of the rotating cutting member, i.e., the first cutter and the rotating shaft.
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.
Claims 1-8, 11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over CN 110142114 A Dong in view of US 2020/0353474 A1 to Crepeau.
Regarding claim 1, Dong teaches a garbage disposal device (Fig. 1; it is noted that this is interpreted as a device capable of functioning as a garbage disposal, which the device in Dong could by comminuting garbage) comprising:
a driving mechanism 4, 28 (Figs. 1 and 12-13; P. 9, Paragraph starting “During operation”; the motor 28 rotates a shaft 4 that drives the cutting mechanism); and
a cutting mechanism comprising an outer casing 24, a plurality of fixed cutting members 7, and a rotating cutting member 2 (Figs. 1 and 3-4; P. 8, Paragraph starting “See 12, for example”; the cutting mechanism including outer casing 24 with an inner cylinder 1 having an inner wall with teeth 7 and a rotating cutting member 2),
wherein both the plurality of fixed cutting members 7 and the rotating cutting member 2 are arranged in the outer casing 24 (Figs. 1-4 show that that fixed teeth 7 and the rotating cutting member 2 are arranged within the casing 24),
the driving mechanism 4, 28 is connected to the rotating cutting member 2 and configured for driving the rotating cutting member 2 (Figs. 1 and 12-13; P. 9, Paragraph starting “During operation,”; the motor 28 rotates a shaft 4 that drives the cutting mechanism),
the rotating cutting member 2 comprises a first cutter 11, a second cutter 11, and a rotating shaft 4 (Figs. 1-2 and 12-13; Figs. 12-13 show the cutting member with first and second cutters along with the shaft positioned in the center of the cutting member);
the plurality of fixed cutting members 7 are connected with the outer casing 24 (Figs. 1-5; P. 8, Paragraph starting “As shown 1 shows”; the teeth 7 are connected to the cylinder 1, as shown in Figs. 3-5, and the cylinder 1 is connected to cylinder 24 via being physically positioned and held in place by the cylinder 1), and
the rotating cutting member 2 is rotatable and coupled to the plurality of fixed cutting members 7, and capable of cutting garbage in the outer casing into particles (Figs. 1 and 3-4; P. 8, Paragraph starting “See 12, for example” and P. 9, Paragraph starting “During operation”), and
the outer casing 24 is capable of introducing the garbage into the garbage disposal device for cutting and discharging the garbage after a cutting treatment (Figs. 1 and 3-4; P. 8, Paragraph starting “See 12, for example” and P. 9, Paragraph starting “During operation”; the cylinder 24 is open on one end to receive material which is then moved to the cutting mechanisms in cylinder 1).
Dong fails to explicitly teach the second cutter is an arc-shaped plate-structure spirally extending from an outer cylindrical surface of the rotating shaft along an axis of the rotating shaft, and a side of the second cutter away from the rotating shaft is provided without cutting tooth portions.
Crepeau teaches a system for comminuting food waste (Para. [0002]) including a cutting mechanism including a rotating cutting member 400 comprising a first cutter 404 and a second cutter 418, wherein the second cutter 418 is an arc-shaped plate-structure spirally extending from an outer cylindrical surface of the rotating shaft along an axis of the rotating shaft (Figs. 4A-E; Paras. [0128]-[0129]; the second cutter has an arc- shape, as shown best in Fig. 4C, and a plate-structure spirally extending from the rotating shaft because plate-structure is interpreted as a structure that is smooth and flat like a plate, and the second cutter 418 has smooth and flat top and bottom surfaces as best seen in Figs. 4D-E), and a side of the second cutter away from the rotating shaft is provided without cutting tooth portions (Figs. 4C and E; Paras. [0128]-[0129]; the second cutter 418 includes smooth blade 416 on the side of a cutter away from the rotating shaft).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the cutting member of Dong to have one of the cutters be a smooth blade without cutting tooth portions as taught by Crepeau so that the blade may be used to better cut food waste with high fiber (Crepeau, Para. [0129]).
Regarding claim 2, modified Dong teaches the garbage disposal device of claim 1 (Fig. 1), wherein the cutting mechanism further comprises an inner cylinder 1, which is arranged in and connected with the outer casing 24 (Figs. 1-2; P. 8, Paragraph starting “As shown 1 shows”), and the inner cylinder is in communication with both end openings of the outer casing 24 (Figs. 1-2 show the inner cylinder 1 communicates with both sides of the outer casing by contacting both ends), and wherein the plurality of fixed cutting members 7 are arranged in the inner cylinder 1 and connected with an inner side surface of the inner cylinder 1 (Figs. 1 and 3-5; P. 8, Paragraph starting “See 12”; the teeth 7 are connected to the inner surface of cylinder 1, as shown in Figs. 3-5).
Regarding claim 3, modified Dong teaches the garbage disposal device of claim 2 (Fig. 1), wherein the plurality of fixed cutting members 7 comprises at least two first cutting tooth portions, which have a cross section in a shape of triangle, trapezoid or rectangle (Figs. 3-5 and 7 show that there are at least two fixed teeth 7 and they each having a triangular cross section), wherein the at least two first cutting tooth portions 7 are arranged on a side of the plurality of fixed cutting members adjacent to the rotating cutting member 2 (Figs. 1 and 3-5 show that the fixed cutting teeth 7 are arranged on the inside of cylinder 1 by the rotating cutting member 2), the at least two first cutting tooth portions 7 are parallel to a circumferential direction of the inner cylinder and spaced apart from each along an axis of the inner cylinder (Figs. 1 and 3-5 show the fixed cutting teeth are arranged on the circumferential direction of the inner cylinder and are uniformly distributed, i.e., spaced at regular intervals vertically).
Regarding claim 4, modified Dong teaches the garbage disposal device of claim 3 (Fig. 1), wherein the rotating cutting member comprises a first cutter, and a rotating shaft 3 (Examiner Annotated Fig. 12 is reproduced below which shows the first and second cutters along with the rotating shaft, and it is noted that modified Dong includes the cutters in the same positions but with one having a smooth blade rather than teeth), wherein both the first cutter and the second cutter are connected with the rotating shaft (Examiner Annotated Fig. 12 shows the first and second cutter are connected to the rotating shaft), and the first cutter and the second cutter are evenly disposed at intervals (Figs. 11-14 show cutters on the rotating cutting member are evenly disposed at intervals, and it is noted that modified Dong includes the cutters in the same positions but with one having a smooth blade rather than teeth), the second cutter is in a shape of spiral (Examiner Annotated Fig. 12 and Figs. 11 and 13 show the second cutter is spiral shaped, and it is noted that modified Dong includes the second cutter body still but with the smooth blade attached to it rather than the teeth on the periphery), the first cutter comprises a second cutting tooth portion (Figs. 11-13 show that each of the cutters have teeth portions at the end of the cutter), a cross section of the second cutting tooth portion is in a shape of triangle, trapezoid, or rectangle (Examiner Annotated Fig. 12 shows that the teeth on the first cutter have a triangular cross section), the second cutting tooth is arranged on a side of the first cutter adjacent to the plurality of fixed cutting members (Figs. 3-4 show that the teeth of the cutters of the rotating cutter are arranged on the side closer to the fixed cutting members).
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Regarding claim 5, modified Dong teaches the garbage disposal device of claim 4 (Fig. 1), wherein the first cutter comprises at least two second cutting tooth portions (Examiner Annotated Fig. 12 shows that the first cutter includes at least two second cutting tooth portions), and the at least two second cutting tooth portions are parallel to the circumferential direction of the inner cylinder and the at least two second cutting tooth portions are arranged on the first cutter along the axial direction of the inner cylinder (Figs. 3-4 show that the cutting tooth portions are parallel to the circumferential diction of the inner cylinder, and Figs. 11-13 show that the tooth portions are uniformly arranged, i.e., at regular intervals vertically), and the at least two second cutting tooth portions of the first cutter are configured to move between the fixed cutting members when the rotating cutting member is rotated (Figs. 2-4; P. 9, Paragraph starting “Set tooth 7”; the fixed teeth and the teeth on the rotating cutting member are shaped and positioned so that the teeth of the cutting member pass through the gap between the fixed teeth to perform the cutting operations).
Regarding claim 6, modified Dong teaches the garbage disposal device of claim 3 (Fig. 1), wherein each of the plurality of fixed cutting members 7 further comprises a first connecting portion which is arranged on a side of the plurality of fixed cutting members 7 away from the rotating cutting member 2 (Figs. 3-4, 7 and 9 show that the fixed cutting teeth each include a portion opposite the apex of the teeth that are connected to the wall of the cylinder, i.e., the connecting portion is the base of the tooth that is connected to the wall), the inner cylinder 1 comprises at least one mounting groove, and the first connecting portion of each of the plurality of fixed cutting members is connected to a corresponding mounting groove (Figs. 7 and 9 show that the inner wall includes grooves, i.e., the space in between the teeth, and the connecting portion for each of the teeth is connected to a corresponding groove to form the vertical strips of cutting members on the inner cylinder).
Regarding claim 7, modified Dong teaches the garbage disposal device of claim 4 (Fig. 1), wherein the rotating cutting member 2 further comprises a connecting key (Examiner Annotated Fig. 12 above shows the connecting key), which is connected with the rotating shaft 3 (Examiner Annotated Fig. 12), and the rotating cutting member 2 is connected with an output shaft 4 of the driving mechanism via the connecting key (Figs. 2-4 and 11-13; P. 9, Paragraph starting “During operation”).
Regarding claim 8, modified Dong teaches the garbage disposal device of claim 4 (Fig. 1), wherein the rotating cutting member 2 further comprises a fixing element (Examiner Annotated Fig. 12 shows the connecting key which acts as a fixing element), which is arranged at an end of the rotating shaft away from the driving mechanism 4, 28, connected with the driving mechanism 28, and configured for fixing the rotating shaft (Figs. 2-4 and 12-13; as shown in Examiner Annotated Fig. 12, the connecting key is positioned at the end of the shaft by the rotating cutting member and away from the motor 28 for fixing the cutting member to the rotating shaft).
Regarding claim 11, modified Dong teaches the garbage disposal device of claim 1 (Fig. 2), wherein the first feeding port further comprises a second connecting portion connected with an end of the outer casing 24 away from the driving mechanism 28, the narrower portion of the guiding portion is connected with the second connecting portion, and the guiding portion and the second connecting portion are in communication with each other (Examiner Annotated Fig. 2 is provided below to show the second connecting portions, and it is noted that in modified Dong the tapered guide including the narrower portion are positioned by the conveyor 29 and thus the guide portion is connected to the second connecting portion as the second connecting portions are connected and in communication, i.e., connected so as to pass material along the path defined by the components, at the end by the conveyor 29).
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Regarding claim 13, modified Dong teaches the garbage disposal device of claim 1 (Fig. 1), wherein the cutting mechanism further comprises a sieve plate 5 which is provided with sieve holes (Figs. 2-3 and 5-6 show the sieve plate 5 having holes), and wherein the inner cylinder 1 further comprises a mounting hole 10 of the sieve plate 5 (Figs. 5-6 and 8-9 show the hole in the inner cylinder 1 to which the sieve plate 5 is mounted), the mounting hole of the sieve plate is arranged on the inner cylinder (Fig. 2 shows the sieve plate 5 on the same side as the discharge port 36 with the inner cylinder having an opening such that material is capable of exiting through mounting hole to the discharge port), the mounting hole is in communication with the discharge port (Figs. 1-2), the mounting hole and the discharge port are capable of allowing material to exit (Figs. 2 and 5), and the sieve plate 5 is sized to cover the mounting hole 10 of the sieve plate and is located on the inner cylinder 1 (Figs. 2-4 show the sieve plate 5 connected to the mounting hole 10 of the inner cylinder).
Regarding claim 14, modified Dong teaches the garbage disposal device claim 7 (Fig. 1), wherein the cutting mechanism further comprises a sealing member 16 (Fig. 2; P. 8, Paragraph starting “See 12”), the inner cylinder 1 further comprises a connecting hole through which the output shaft 4 of the driving mechanism 28 extends (Fig. 2 shows the inner cylinder 1 includes holes through which the output shaft 4 of the motor 28 passes), and the sealing member 16 is connected with the output shaft 4 of the driving mechanism 28 (Fig. 2; P. 8, Paragraph starting “See 12”), and the sealing member 16 abuts against the connecting hole and is capable of sealing the connecting hole of the inner cylinder 1 (Fig. 2; P. 8, Paragraph starting “See 12”; the sealing member 16 is positioned again the hole of the inner cylinder 1 closest to the motor 28 so that the hole is sealed).
Regarding claim 15, modified Dong teaches the garbage disposal device of claim 1 (Fig. 1), wherein the cutting mechanism further comprises a first feeding port 31 (Figs. 1-2), wherein the first feeding port 31 comprises a tapered-shaped guiding portion (Figs. 1-2 show the first feeding port 31 includes a tapered-shaped guiding portion), and a narrower portion of the guiding portion is connected to an end of the outer casing 24 away from the driving mechanism 4, 28 (Figs. 1-2 show that the narrow portion of the first feeding port 31 is connected to an end of the outer casing, i.e., the left end of the top surface in Fig. 2, that is away from the driving mechanism 4, 28).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dong in view of Crepeau in further view of US 4,121,524 A to Voelskow.
Regarding claim 9, modified Dong teaches the garbage disposal device of claim 6 (Fig. 1).
Dong fails to explicitly teach the first connecting portion of each of the plurality of fixed cutting members is a dovetail tenon, and the at least one mounting grooves are mortises matched with the dovetail tenon.
In the field of comminuting materials, Velskow teaches cutting elements 6 connected to a surface via a dovetail tenon 7 with the surface having a matching dovetail tenon (Fig. 5; Col. 6, Lns. 1-10).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the connection portion of the fixed teeth and the mounting groove in the inner cylinder of Dong to include the dovetail connections as taught by Velskow so that individual teeth may be connected or disconnected from the inner cylinder to replace teeth that have been damaged or have worn down.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Dong in view of Crepeau in further view of US 11,198,995 B2 to Dodd.
Regarding claim 16, modified Dong teaches the garbage disposal device of claim 2 (Fig. 1), wherein the outer casing comprises a discharge port 36 (Figs. 1-2), wherein the discharge port 36 is arranged on an outer surface of the outer casing 24 and in communication with inside of the outer casing 24 (Figs. 1-2 show that the discharge port 36 is on the outer surface of the outer casing and in communication with the inside of the casing);
the discharge port 36 is arranged on a side of the outer surface of the outer casing 24 adjacent to the driving mechanism 4, 28 and is capable of connecting to a pipe (Figs. 1-2 show that the discharging port is arranged on an outer surface of the outer casing 24 near the driving mechanism 4, 28, and the open end of the discharging port is capable of being attached to a pipe).
Dong fails to explicitly teach a second feeding port, the second feeding portion is arranged on an outer surface of the outer casing and in communication with inside of the outer casing, the second feeding port is opposite to the discharge port, the second feeding port is arranged on a side of the outer surface of the outer casing away from the driving mechanism, and the second feeding port is capable of connecting to a dishwasher.
In the field of comminuting, Dodd teaches a grinding device (Figs. 1-6; Col. 2, Lns. 29-38) including an outer casing 14C including a grind chamber housing a grind assembly and a motor chamber housing a driving mechanism (Fig. 3; Col. 2, Lns. 29-38) and further including a first feeding port 16C, a second feeding port 18C and an outlet 20C (Fig. 3; Col. 2, Lns. 29-38), wherein the second feeding port 18C is arranged on an outer surface of the outer casing and in communication with inside of the outer casing (Fig. 3; Col. 2, Lns. 29-38), the second feeding port 18C is opposite to the discharging port 20C (Fig. 3 shows that the feeding port 18C is opposite to the discharging port as the second feeding port 18C is located at the top right of the apparatus and the discharging port 20C is located at the bottom left), and the second feeding port 18C is arranged on a side of the outer surface of the outer casing away from the driving mechanism (Fig. 3; Col. 2, Lns. 29-38; a person of ordinary skill in the art would understand that the grind chamber would be located at the inlets with the motor chamber containing the driving mechanism located under the grind chamber by the bottom 30E, and therefore the second inlet 18C is located away from the driving mechanism), the second feeding port is capable of connecting to a dishwasher (Fig. 3; Col. 2, Lns. 29-38; the inlet is capable of being coupled to receive material from a dishwasher, e.g., the pipe could be connected to the outlet of a dishwasher instead of the sink).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the grinding apparatus of Dong to include a second feeding port arranged on an outer surface of the outer casing opposite to the discharging port and away from the driving mechanism as taught by Dodd so that the grinding apparatus may receive material from multiple sources simultaneously and two disparate materials can be fed while being able to control each feed separately.
Response to Arguments
Applicant’s amendments and remarks with respect to the rejection of claim 13 under 35 USC 103 have been fully considered and are not persuasive. Applicant argues that Crepeau fails to disclose a second cutter with the recited configuration because the structure is a semiellipse rather than an arc or plate-structure. Remarks, PP. 9-10. This argument is not commensurate in scope with the claim language which recites the second cutter is “an arc-shaped plate-structure spirally extending from an outer cylindrical surface of the rotating shaft.” There is nothing in the claim language that suggests a semiellipse is not an arc, assuming this description is accurate by Applicant, or that a plate-structure imparts any structure on the cutter beyond the structure being thin with surfaces that are smooth and flat. Finally, spirally extending only requires the cutter to extend from the rotating shaft in a manner that winds around a center, which the second cutter does wind around a center near the blade 416 as shown in Fig. 4B. Applicant appears to be interpreting the claim to only describe the structure of the cutter 162 shown in Fig. 3 of the present application, however the claim language is much broader than that as discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725