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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-6, 8-11 and 13-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “determining an identity of the colloid based on the characteristic values at one of the time points, the identity comprising an identification of a particular kind of the edible colloid, a classification of the dispersed phase, and a classification of the continuous phase”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification teaches at pg. 8 lines 24-28, “the classification can also refer to the dispersed phase and the continuous phase, classifying them either by type or as particular substances”, the specification and drawing are silent to the combination of identification of the colloid “at one time point” and classification of the dispersed phase and classification of the continuous phase at a same “one time point”.
Claims 1, 3-6, 8-11 and 13-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “determining an identity of the colloid based on the characteristic values at one of the time points, the identity comprising an identification of a particular kind of the edible colloid, a classification of the dispersed phase, and a classification of the continuous phase”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification teaches at pg. 8 lines 24-28, “the classification can also refer to the dispersed phase and the continuous phase, classifying them either by type or as particular substances”, the specification and drawing are silent to individually classifying a dispersed phase and individually classifying a continuous phase. The specification is silent to what is encompassed by “a classification of the dispersed phase”. The specification is silent to what is encompassed by “a classification of the continuous phase”.
Claims 1, 3-6, 8-11 and 13-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “receiving input comprising instructions associated with the continuous phase and the dispersed phase”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Thought the specification teaches the user can provide characteristics or identity of the colloid or machine learning can “input to classify the colloid as having a particular identity or belonging to a particular category” (pg. 9 lines 10-15), the specification and drawing are silent to instructions specific to the continuous phase and/or the dispersed phase. The specification teaches instructions specific to colloid type for effecting the continuous and dispersed phase as opposed to the claimed “instructions” specific to each of the continuous phase and dispersed phases separately.
Claims 1, 3-6, 8-11 and 13-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “receiving input comprising instructions associated with the continuous phase and the dispersed phase” where the input is user input instructions. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Thought the specification teaches the user can provide characteristics or identity of the colloid or machine learning can “input to classify the colloid as having a particular identity or belonging to a particular category” (pg. 9 lines 10-15), the specification and drawing are silent to receiving user input after a “one of the time points” and more specifically is silent to receiving user input after the identity of the colloid is determined.
Claims 1, 3-6, 8-11 and 13-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “receiving input comprising instructions associated with the continuous phase and the dispersed phase” where the input is user input instructions. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification teaches receiving instructions specific to a particular identity, i.e. the colloid as a whole. The specification is silent to receiving user input comprising instructions specific to the continuous phase. The specification and drawings are silent to receiving user input comprising instructions specific to the dispersed phase. The specification is silent to receiving user input comprising instructions specific to both “the continuous phase and the dispersed phase”. The specification and drawings are silent to instructions which are concurrently applied yet individually specific to the continuous phase and the dispersed phase.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “wherein the input is user input”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification teaches receiving user input, the specification and drawing are silent to receiving user input after a “one of the time points” and more specifically is silent to receiving user input after the identity of the colloid is determined.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase “wherein the input is user input”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification teaches receiving user input, the specification and drawing are silent to receiving user input comprising instructions specific to the continuous phase. The specification and drawings are silent to receiving user input comprising instructions specific to the dispersed phase. The specification is silent to receiving user input comprising instructions specific to both “the continuous phase and the dispersed phase”.
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 1, 3-6, 8-11 and 13-22 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.
Claim 1 is rejected due to the phrase “determining an identity of the colloid based on the characteristic values at one of the time points, the identity comprising an identification of a particular kind of the edible colloid, a classification of the dispersed phase, and a classification of the continuous phase”. It is unclear what is encompassed by “classification of the dispersed phase”. It is unclear what is encompassed by “classification of the continuous phase”. It is unclear if the “classification” is with respect to type, with respect to an amount relative each of a dispersed vs. a continuous phase, with respect to a specific identified characteristic at that time point, with respect to the colloid as whole, i.e. a proportion of continuous to dispersed phases, with respect to parameter conditions or with respect to something different altogether.
Claim 1 is rejected due to the phrase “receiving input comprising instructions associated with the continuous phase and the dispersed phase” since it is unclear if the phrase requires instructions specific to each of the continuous phase and the dispersed phase, if the phrase is with respect instructions specific to the colloid as a whole and are merely “associated with the continuous phase and the dispersed phase”, if the phrase is with respect to instructions specific to both “the continuous phase and the dispersed phase” which are concurrently applied yet individually specific to the continuous phase and the dispersed phase or with respect to something different altogether.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 3-6, 9-10, and 14-22 are rejected under 35 U.S.C. 103 as being unpatentable over Tao et al. (20130202752).
Tao teaches a method for feedback-based colloid phase change control (par. 0019, par. 0024; par. 0033 bar), comprising:
obtaining values for one or more characteristics (par. 0035 flow rate, temperature; par. 0037) of an edible colloid (par. 0019) at multiple time (par. 0035 more than one location) and space points (par. 0035 more than one location) via one or more sensors (par. 0035; par. 0037) the colloid comprising a dispersed phase (par. 0024; solid particles) and a continuous phase (par. 0024; liquid)
determining an identity of the colloid based on the characteristic values (par. 0035 identity relative current viscosity; par. 0037 various characteristics) at one of the time points (par. 0035; relative one or more locations), the identity comprising an identification of a particular kind of the edible colloid (par. 0034 thicker vs thinner chocolate, par. 0046 tempered chocolate), a classification of the dispersed phase (par. 0024 solid particles; par. 0026 aggregate chains par. 0031-0032 parameters, i.e. field strength, duration, temperature; i.e. classification instructions required to achieve viscosity classified by thicker vs thinner chocolate, par. 0046 tempered chocolate) and a classification of the continuous phase (par. 0024 liquid chocolate; par. 0031-0032 parameters, i.e. field strength, duration, temperature; i.e. classification instructions required to achieve viscosity classified by thicker vs thinner chocolate, par. 0046 tempered chocolate)
receiving input (par. 0035 sensor; alternatively par. 0037 user input) comprising instructions associated with the continuous phase and the dispersed phase (par. 0031-0032 parameters, i.e. field strength, duration, temperature; i.e. classification instructions required to achieve viscosity)
determining using the input parameters (par. 0032) for at least one field to be applied to the colloid (par. 0032) by at least one field generator (par. 0023) at one or more of the time points that occurred later the one time point (par. 0035 more than one location, i.e. fig. 2D second set of electrodes), where the parameters for one of the later time points are further determined based on the identity (par. 0033 desired viscosity predetermined; par. 0026 aggregate chains) and the characteristic values at the later time point (par. 0035 actual viscosity; par. 0026 aggregate chains; control electrodes 208 and 210), where it is noted claims encompass same parameters.
controlling temperature (par. 0033, par. 0039) and at least one of presence (par. 0027 reduced viscosity; par. 0026 aggregate chains) and absence (par. 0027; increase back) of at least one of the dispersed phase of the colloid (par. 0027) and the continuous phase of the colloid (par. 0027 reduced viscosity increase back) via application of the at least one field by the at least one field generator in accordance with the parameters determined at each of the later time points (par. 0031, 0032).
Though silent to teaching a minimum of three time points, i.e. “remaining later time points”, “at each of the later time points”. Since Tao teaches determining parameters to determine the viscosity “at one or more locations” (par. 0035), since Tao teaches controlling the electric field applied in real time to maintain a predetermined desired viscosity (par. 0035). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a minimum of three time points, i.e. the parameters for the remaining later time point are determined based on one of the identity and the characteristic values at the later time point, relative the teaching of more than one location as taught by Tao. For its art recognized and applicants intended purpose of controlling the electric field applied by detecting various characteristics at multiple time points to ensure a predetermined viscosity of the colloid flowing through the pipe is obtained as taught by Tao (par. 0033) and since the mere scaling up, such as providing additional sensor measurements of the prior art process capable of being scaled up, such as in the instant case “one or more locations”, if such were the case, would not establish patentability in a claim to an old process so scaled.
Claim 3, wherein the field comprises electric field (par. 0032).
Claim 4, wherein the characteristics of the colloid comprise one or more of proportions of components of the colloid (par. 0035 flow rate, temperature) and identity of the components of the colloids (par. 0034; chocolate, chocolate thickness desired).
Claim 5, wherein the at least one sensor comprises a thermal sensor (par. 0035 temperature).
Claim 6, wherein the field generators each comprise an electrode (par. 0023; fig. 2d ref. 208, 210 multiple).
Claim 9, wherein a rate at which the temperature of the colloid changes before, at, and after one of the phase changes is controlled via the application of the field (par. 0033, 0035).
Claim 10, wherein the phase change comprises a change of cocoa butter into chocolate (par. 0019, par. 0025).
Claim 14, wherein the user input comprises instructions for causing one of the phase changes of at least a portion of the colloid (par. 0033 predetermined viscosity; any portion) and how quickly the phase change should occur (par. 0032 appropriate duration).
Wherein the instructions comprise a time limit over which the phase change should occur (par. 0032 appropriate duration; par. 0040 approximately 1 min).
Claim 16, wherein the instructions comprise a time interval over which the phase change should occur (par. 0032 appropriate duration) and temperatures (par. 0035) the colloid should be at during one or more points during the time interval (par. 0035).
Claim 17, the characteristics of the colloid comprise one or more of agglomeration (par. 0024, 0027) and stability (par. 0026).
Claim 18, the at least some of the instructions for causing one of the phase changes of and how quickly the phase change should occur are associated with only the dispersed phase (par. 0026 particles)
With respect to claim 19, Tao teaches the obtaining of the characteristics and controlling the application of the at least one field by the at least one field generator is performed by a processor (par. 0029, par 0037) and performing a determination of the parameters (par. 0037), wherein the processor is wirelessly interfaced (par. 0036).
Though silent to a second processor, it would have been obvious to one of ordinary skill in the art to teach a second processor relative the first processor for transmitting and receiving information wirelessly as taught by Tao, the second processor separate from a further processor thus achieving a same control of various equipment by inputting and outputting information to control the process wirelessly using one or more control lines as taught by Tao (par. 0036).
Claim 20, wherein the obtaining of the characteristics, controlling the application of the at least one field, and performing the determination of the parameters is performed by a single device (par. 0033, 0036-0037).
Claim 21, the input is received from a computing device (par. 0036)
Claim 22 the input is user (par. 0037 last 3 lines)
Claims 1, 3-6, 8-11, 13-18 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Inada et al. (20200056819) in view of Acton et al. (EP0584127)
Inada teaches a method for feedback-based phase change control (par. 0014, 0150 changed to normal cooling operation), comprising:
obtaining values for one or more characteristics (par. 0106 temperature; par. 0108, par. 0109 rate of change, par. 0112) of an edible (par. 0042, 0194) at multiple time (par. 0108; repeat relative first temp.; par. 0112 relative frequency change) via one or more sensors (par. 0106);
determining an identity (par. 0109 last 4 lines related in memory; par. 0096 temperature detected, par. 0109 rate of change) of the colloid based on the characteristic values (par. 0109) at one of the time points (par. 0108 predetermined period of time, 0109), the identity comprising an identification of a particular kind of the edible (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during).
Receiving input comprising instructions associated with the phase change of the food material (par. 0106 sensor input; par. 0090)
determining using the input parameters (par. 0109) for at least one field to be applied to the edible (par. 0109) by at least one field generator (par. 0084) at one or more of the time points that occurred later the one time point (par. 0109; after predetermined time; par. 0110), wherein the parameters for one of the later time points are further determined based on the identity (par. 0109 related in memory) and the parameters for the remaining later time points (par. 0112) are determined based on one of the identity and the characteristic values at that later time point (par. 0112, 0113); and
controlling temperature (par. 0106, par. 0123) and at least one of presence (par. 0109, 0133, 0045) and absence (par. 0046) of the phase changes of the food via application of the at least one field by the at least one field generator in accordance with the parameters determined at each of the later time points (par. 0108; repeat relative first temp.; alternatively par. 0112 relative frequency change; par. 0112 process returns to step S13)
Though silent to multiple space points, Inada does teach temperature sensors for measuring the temperature of the surface in addition to teaching providing a temperature sensor for measuring the interior of the food. (par. 0179).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings and provided the temperature values at multiple space points thus achieving the advantage of controlling the cooling of the object relative both an exterior and an interior.
In addition, since the size or volume of the product would directly affect the degree of temperature change relative the surface. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings and provided the temperature values at multiple space points thus achieving the advantage of controlling the cooling of the object relative both an exterior and an interior of the food product.
Inada teaches undercooling of food and thus one of ordinary skill in the art would have been motivated to look to the art of foods which benefit from such.
Acton teaches controlling solidification of colloids, including chocolate (pg. 2 col. 1 lines 31-33).
Thus since Inada teaches the product being food. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach a desired type of food relative the broadly taught food of Inada, such as colloids comprising a dispersed phase and a continuous phase as taught by Acton thus achieving the art recognized purpose of controlling solidification of foodstuffs which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20) and the advantage of increasing quality and customer acceptability as further taught by Acton (pg. 2 col. 2 lines 32-48).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the identity comprising an identification of a particular kind (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during) as taught by Inada where the food is an edible colloid such as controlling solidification of emulsions, including chocolate as taught by Acton (pg. 2 col. 1 lines 31-33). For its art recognized purpose of determining parameters which are specific to the object being cooled as taught by Inada (par. 0157) and further providing identification of process parameters stored in a memory as taught by Inada (par. 0109, 0112) specific to food type and controlling solidification of edible colloids which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20)
Since both teach identification of the food type for application of specific process parameters defined by the type and since Acton teaches classification of colloids based on identity. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the identity comprising a classification of the dispersed phase, and a classification of the continuous phase thus providing an identification of a particular kind (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during) as taught by Inada where the food is an edible colloid such as controlling solidification of emulsions, including chocolate as taught by Acton (pg. 2 col. 1 lines 31-33). For its art recognized purpose of determining parameters which are specific to the object being cooled as taught by Inada (par. 0157) and further providing identification of process parameters stored in a memory as taught by Inada (par. 0109, 0112) specific to food type and controlling solidification of edible colloids which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach instructions associated with the continuous phase and dispersed phase thus providing process parameters specific to a particular kind of food (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during) as taught by Inada where the food is an edible colloid as taught by Acton (pg. 2 col. 1 lines 31-33). For its art recognized purpose of determining parameters which are specific to the object being cooled as taught by Inada (par. 0157) and further providing identification of process parameters stored in a memory as taught by Inada (par. 0109, 0112) specific to food type and controlling solidification of edible colloids which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20)
Claim 3, wherein the field comprises electromagnetic field (par. 0084).
Claim 4, wherein the characteristics of the edible comprise identity of the components of the edible (par. 0006 different types; par. 0009, 0010).
Claim 5, wherein the at least one sensor comprises a thermal sensor (par. 0062 temperature).
Claim 6, wherein the field generators each comprise an electrode (par. 0085; multiple electrodes, multiple generators).
Claim 8, wherein the food is cooled to the temperature below freezing without the food undergoing any of the phase changes via the application of the at least one field (par. 0046).
Claim 9, wherein a rate at which the temperature of the food changes before, at, and after one of the phase changes is controlled via the application of the field (par. 0133, 0045).
Claim 10, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach wherein the phase change comprises a change of cocoa butter into chocolate (pg. 3 col. 1 lines 39-45) as taught by Acton thus achieving the art recognized purpose of controlling solidification of foodstuffs which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20) and the advantage of increasing quality and customer acceptability as further taught by Acton (pg. 2 col. 2 lines 32-48)
Claim 11, Inada teaches the food can be transported relative the casing (par. 0187), where Acton teaches in some instances the food, which is a liquid prior to freezing is within a container (pg. 5 col. 8 lines 50-52).
Thus since Inada teaches obtaining characteristic values of the container (par. 0091; where it is noted characteristic values of the container encompasses within the casing, i.e. temperature within) using one or more of the sensors at one or more of the time points (par. 0063) wherein the parameters at the one or more later time points are further determined based on the container characteristic values (par. 0063; i.e. temperature).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the food is within a container before being put in proximity of the sensors and remains in the container when in the proximity of the sensor thus providing a container for a liquid food item relative the broadly taught food of Inada, such as colloids as taught by Acton thus achieving the art recognized purpose of controlling solidification of foodstuffs which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20) and the advantage of increasing quality and customer acceptability as further taught by Acton (pg. 2 col. 2 lines 32-48).
Claim 13 wherein the user input further comprises instructions (par. 0095; where comprises instructions is taken relative flow chart upon starting) to supercool the food to the temperature below freezing without any of the phase changes (par. 0046), a time over which the supercooling should be achieved (par. 0109), and a time that the food should stay at the below-freezing temperature (par. 0150 after step 150).
Claim 14, wherein the input comprises instructions causing one of the phase changes of at least a portion of the food (par. 0150 normal cooling) and how quickly the phase change should occur (par. 0166 after field, par. 0101 relative prior application of field).
Wherein the instructions comprise a time limit over which the phase change should occur (par. 0109 change rate; par. 0112 predetermined time).
Claim 16, wherein the instructions comprise a time interval over which the phase change should occur (par. 0109 change rate; par. 0112 predetermined time) and temperatures (par. 0100) the food should be at during one or more points during the time interval (par. 0100).
With respect to claim 17, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the characteristics of the food comprise one or more of agglomeration (pg. 2 lines 2 lines 9-11) and stability (pg. 3 col. 3 lines 40-43; form) as taught by Acton thus achieving the art recognized purpose of controlling solidification of foodstuffs which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20) and the advantage of increasing quality and customer acceptability as further taught by Acton (pg. 2 col. 2 lines 32-48)
Claim 18, wherein the at least some of the instructions for causing one of the phase changes of and how quickly the phase change should occur are associated with the food (presence par. 0109, 0133, 0045; absence par. 0046 of the phase changes of the food).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the colloid comprises a dispersed phase (pg. 3 col. 1 lines 3-44) and a continuous phase (pg. 3 col. 1 lines 3-44) where the instructions are associated with only the dispersed phase (relative prior to and after solidification) as taught by Acton thus achieving the art recognized purpose of controlling solidification of foodstuffs which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20) and the advantage of increasing quality and customer acceptability as further taught by Acton (pg. 2 col. 2 lines 32-48)
Claim 20, wherein the obtaining of the characteristics, controlling the application of the at least one field, and performing the determination of the parameters is performed by a single device (par. 0090).
Claim 21, where the input is received from a computing device (par. 0106 sensor input; par. 0090)
Claim 22 the input is user input (par. 0095 start switch, flow chart control parameters).
Response to Arguments
With respect to applicants urging directed to Tao being silent to a classification of the dispersed phase and a classification of the continuous phase. Tao teaches as noted by applicant the dispersed phase comprising solid particles. With respect to the urged classification, it is noted in the instant case the claim limitation is being interpreted with respect to and as defined by the type of colloid, such as in the instant case solid particles in liquid chocolate to achieve the outcome, i.e. predetermined by type.
In addition Tao teaches the determined parameters specific for effecting the dispersed phase, i.e. particle chains (par. 0026-0027) both for increasing and reducing viscosity which are directly responsible for the predetermined and ultimate viscosity (par. 0033).
Similarly with respect to claim 18, though urged Tao teaches “as a whole” importantly the whole is directly influenced by both the colloid type and more specifically the dispersed phase (par. 0026-0027).
With respect to applicants urging directed to Inada being silent to determining an identity comprising an identification of a particular kind of the edible colloid. Importantly Inada does determine the identity of the object in memory based on par. 0096 temperature detected and par. 0109 rate of change. Inada further teaches at par. 0157 the target object determined based on the obtained values. Thus Inada teaches characteristic values (par. 0109) at one of the time points (par. 0108 predetermined period of time, 0109), the identity comprising an identification of a particular kind (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during).
Though silent to the food being and edible colloid. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the identity comprising an identification of a particular kind (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during) as taught by Inada where the food is an edible colloid such as controlling solidification of emulsions, including chocolate as taught by Acton (pg. 2 col. 1 lines 31-33). For its art recognized purpose of determining parameters which are specific to the object being cooled as taught by Inada (par. 0157) and further providing identification of process parameters stored in a memory as taught by Inada (par. 0109, 0112) specific to food type and controlling solidification of edible colloids which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20)
Since both teach identification of the food type for application of specific process parameters defined by the type and since Acton teaches classification of colloids based on identity. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the identity comprising a classification of the dispersed phase, and a classification of the continuous phase thus providing an identification of a particular kind (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during) as taught by Inada where the food is an edible colloid such as controlling solidification of emulsions, including chocolate as taught by Acton (pg. 2 col. 1 lines 31-33). For its art recognized purpose of determining parameters which are specific to the object being cooled as taught by Inada (par. 0157) and further providing identification of process parameters stored in a memory as taught by Inada (par. 0109, 0112) specific to food type and controlling solidification of edible colloids which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach instructions associated with the continuous phase and dispersed phase thus providing process parameters specific to a particular kind of food (par. 0109 last 4 lines related in memory; par. 0157 target object specific, determined during) as taught by Inada where the food is an edible colloid as taught by Acton (pg. 2 col. 1 lines 31-33). For its art recognized purpose of determining parameters which are specific to the object being cooled as taught by Inada (par. 0157) and further providing identification of process parameters stored in a memory as taught by Inada (par. 0109, 0112) specific to food type and controlling solidification of edible colloids which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20).
With respect to claim 18, it is noted Acton is relied upon to teach the edible colloid and more specifically a colloid which comprises both a dispersed phase and a continuous phase.
Inada teaches with respect to the food broadly, wherein the at least some of the instructions for causing one of the phase changes of and how quickly the phase change should occur are associated with the food (presence par. 0109, 0133, 0045; absence par. 0046 of the phase changes of the food).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach the colloid comprises a dispersed phase (pg. 3 col. 1 lines 3-44) and a continuous phase (pg. 3 col. 1 lines 3-44) where the instructions are associated with only the dispersed phase (relative prior to and after solidification) as taught by Acton thus achieving the art recognized purpose of controlling solidification of foodstuffs which are normally consumed in the frozen state as taught by Acton (pg. 2 col. 1 lines 18-20) and the advantage of increasing quality and customer acceptability as further taught by Acton (pg. 2 col. 2 lines 32-48)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN N LEFF whose telephone number is (571)272-6527. The examiner can normally be reached on M-F 8:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571)270-34753475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/ Primary Examiner, Art Unit 1792