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 .
Response to Amendment
In view of the amendment, filed on December 11th, 2025, the following are withdrawn from the previous office action, mailed on September 24th, 2025.
Objections of claims 1, 4, 8 and 12 due to minor informalities
Rejections of claims 1-12 under 35 U.S.C. 112(b)
Rejections of claims 1-12 under 35 U.S.C. 103 are withdrawn in view of the amendments
Response to Arguments
Applicant’s arguments with respect to claims 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
New Grounds of Rejection
Claim Interpretation
Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114 (II) and 2115 for further details.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Schulling (US 20050000372 A1), in view of McGuyer et al. (US 20030234205 A1; hereafter McGuyer), Min et al. (KR 20190122607 A; hereafter Min; paragraph numbers correspond to attached English machine translation) and Zhang et al. (CN 108433487 A; hereafter Zhang; paragraph numbers correspond to attached English machine translation).
Regarding claim 1, Schulling discloses a shaping attachment device ([0023]; portioning device) configured for facilitating in shaping a semisolid material ([0023, 0038]; portioning device forms spherically shaped servings and smooths foodstuff, such as ice cream), the shaping attachment device comprising:
an attachment ([0038, 0048]; spatula 15) being configured for creating a shape within the semisolid material ([0038, 0048]; spatula smooths surface of ice cream), said attachment having a shape surface (Marked Fig. 3; shape surface) and a mounting surface (Marked Fig. 3; mounting surface), said mounting surface having a latching element (Marked Fig. 3; latching element);
a handle (Fig. 3; [0046]; handle 1) having a mount (Marked Fig. 3; mount) for coupling to said attachment, said handle being configured for being gripped by a hand of a user ([0027-0028]; handle is adapted to the hand of the user), said mount having a catching element (Marked Fig. 3; catching element), said latching element being nested within said catching element (Marked Fig. 3; latching element is nested with hole of catching element) for securing said attachment to said mount of said handle.
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Schulling further discloses a scoop (Fig. 1; [0046]; scoop 5) positioned on said mount of said handle (Marked Fig. 3), said scoop having a semi-spherical body (Fig. 3; [0046]; scoop 5 has semi-spherical body), said scoop having an interior (Fig. 1-3; inside of scoop 5), said interior of said scoop defining a space for the semisolid material to be positioned within (Fig. 1-3; inside of scoop is space for foodstuff, such as ice cream), said scoop having a perimeter edge (Marked Fig. 1; perimeter edge), said perimeter edge defining an opening to said interior of said scoop (Marked Fig. 1; perimeter edge at opening of scoop defines the opening to the inside of the scoop), said scoop having an aperture (Marked Fig. 1; aperture) extending therethrough.
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Schulling does not disclose the attachment comprises a plurality of attachments being magnetic, said mounting surface of each of said attachments having a magnetic latching element, said mount being a metal material having magnetic capabilities and said mount being configured for retaining each of said attachments to said handle by magnetism and each of said plurality of attachments being engageable to said scoop on a side opposite said perimeter edge wherein said opening is unobstructed by attachment of each of said attachments.
However, McGuyer teaches an interchangeable shaping attachment device ([0017]; multi-tool kitchen utensil kit) configured for facilitating in shaping a semisolid material ([0100]; multi-tool has a variety of components for shaping food, such as ice cream), the device comprising a plurality of shaping attachments ([0098]; plurality of components), each of said attachments having a shape surface (Fig. 33-39; a variety of the plurality of components shown with shaping surfaces 320-332 respectively protruding from top of flange 172) and a mounting surface (Fig. 33-39; flange 172), wherein said mounting surface has a latching element (Fig. 33-39; [0131]; projection 166) for nesting withing a catching element (Fig. 4-11; [0113]; receptacle 112) of a handle (Fig. 4-11; [0113]; handle 88).
Schulling and McGuyer are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling with the teachings of McGuyer to provide the attachments comprises a plurality of attachments. Doing so would allow the shaping attachment of Schulling to be interchangeably replaced with a large variety of shaping attachments useable for shaping a variety of foodstuff for the purposes of reducing costs compared to similar implements (McGuyer [0015]).
Schulling, in view of McGuyer, does not explicitly disclose the plurality of attachments being magnetic, said mounting surface of each of said attachments having a magnetic latching element, said mount being a metal material having magnetic capabilities and said mount being configured for retaining each of said attachments to said handle by magnetism and each of said plurality of attachments being engageable to said scoop on a side opposite said perimeter edge wherein said opening is unobstructed by attachment of each of said attachments.
However, Min teaches a shaping attachment device (Fig. 1; [0001]; detachable rice spatula) configured for facilitating in shaping a semisolid material ([0001]; rice) comprising a magnetic shaping attachment (Fig. 1; [0013, 0026]; head part 101 comprising iron head assembly 103 with permanent magnet) with a mounting surface including a magnetic latching element (Fig. 1; [0013, 0026]; iron head assembly 103 with permanent magnet). Min further discloses a handle (Fig. 1; [0013]; handle part 201) with a magnetic metal mount with a catching element (Fig. 1-2; [0013]; handle groove 202 with fixed magnet 206) configured to receive the magnetic latching element.
Schulling and Min are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling, in view of McGuyer, with the teachings of Min to provide the plurality of attachments being magnetic, said mounting surface of each of said attachments having a magnetic latching element, said mount being a metal material having magnetic capabilities and said mount being configured for retaining each of said attachments to said handle by magnetism. Doing so would allow the plurality of shaping attachments to be easily separated from the handle (Min [0031]).
Furthermore, Zhang teaches a food shaping device (Fig. 1; [0006]; spoon for scooping viscous liquids) comprising a handle (Fig. 1; [0052]; handle 20), a scoop (Fig. 1; [0052]; spoon body 10) with a perimeter edge (Fig. 1; upper circular edge of scoop body 10) and an attachment (Fig. 1; [0052]; scraper 30), wherein the attachment is engageable to said scoop (Fig. 1; [0052]; scraper 30 hinges outside scoop body 10) on a side opposite said perimeter edge (Fig. 1; [0052]; scraper 30 hinges outside scoop body 10, opposite the upper circular edge of scoop body 10) and wherein an opening of the scoop is unobstructed by attachment of said attachment (Fig. 1; [0052]; opening of scoop body 10 is unobstructed by scraper 30).
Schulling and Zhang are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling, in view of McGuyer and Min, with the teachings of Zhang to rearrange the plurality of attachments to be engageable to said scoop on a side opposite said perimeter edge wherein said opening is unobstructed by attachment of each of said attachments, since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. See MPEP 2144.04 (VI). One would have been motivated to rearrange the plurality of attachments for the purpose of convenience as doing so would allow the scoop and the plurality of attachments to be utilized together by simply flipping the device.
Regarding claim 2, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 1.
Modified Schulling does not explicitly disclose said semisolid material comprises dough.
However, this limitation amounts to an intended use of the shaping device. Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114 (II) and 2115 for further details. As modified Schulling comprises all the positively recited elements of claim 2, it is necessarily capable of performing the intended use.
Regarding claim 3, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 1, wherein McGuyer further teaches each of said attachments has a circular disc shape (Fig. 33-39; flange 172 has a circular disc shape) including a perimeter wall protruding out therefrom (Fig. 33-39; perimeter edge extending from middle of flange 172).
Regarding claim 4, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 1, wherein McGuyer further teaches said shape surface of each of said attachments has a protrusion (Fig. 33-39; shaping surfaces 320-332 respectively protruding from top of flange 172) configured for producing the shape within said semisolid material.
Regarding claim 9, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 8, Schulling further discloses a scraper (Claim 15, Marked Fig. 1; blade is semi-circular band scraper) being positioned within said interior of said scoop (Claim 15, Fig. 1; blade is inside scoop 5), said scraper being a semi-circular band (Claim 15, Marked Fig. 1; blade is semi-circular band scraper), said scraper being movably positioned upon said aperture of said scoop to said perimeter edge of said scoop (Claim 15, Marked Fig. 1; blade is positioned on aperture to perimeter edge and pivotably moves).
Regarding claim 10, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 9, wherein Schulling further discloses a pair of clamps (Fig. 1; [0046]; two handle halves 3, 4) being positioned on said handle, each of said clamps being coupled to each other by a hinge (Fig. 1; [0046]; articulation 2), said hinge being configured for positioning said pair of clamps from an open position to a closed position (Fig. 1; [0046]; 3,4 are pivotably connected at 2 such that 3 and 4 can pivot towards one another), an extension spring ([0006]; pull-back spring (not illustrated in figures)) being positioned between each of said clamps, said extension spring being configured for being biased towards said open position of said pair of clamps ([0006, 0046]; pull-back spring pivots 3 and 4 back into an open position after pressing with the hand of the user).
Regarding claim 11, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 10, wherein Schulling further discloses a ratchet mechanism (Marked Fig. 1; ratchet) being positioned at an end of said pair of clamps (Marked Fig. 1; ratchet is disposed at end of two handle halves 3, 4), said ratchet mechanism having a rod (Fig. 1; rod 2) being coupled to said scraper of said scoop (Marked Fig. 1; rod 2 is coupled to blade), said ratchet mechanism being configured for rotating said rod wherein rotating said scraper within said interior of said scoop (Marked Fig. 1; ratchet rotates rod 2 when the hand of the user presses on 3, 4, which in turn rotates blade in scoop 5).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Schulling (US 20050000372 A1), in view of McGuyer et al. (US 20030234205 A1; hereafter McGuyer), Min et al. (KR 20190122607 A; hereafter Min; paragraph numbers correspond to attached English machine translation) and Zhang et al. (CN 108433487 A; hereafter Zhang; paragraph numbers correspond to attached English machine translation) as applied to claim 1, and further in view of Kuen (GB 2357989 A).
Regarding claim 5, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 1.
Modified Schulling does not disclose said magnetic latching element comprises a pair of tabs, said pair of tabs having a cavity.
However, Kuen teaches an assembly of an interchangeable foodstuff shaping attachment (Pg. 7, 1st ¶; pastry cutting blade 134) and a handle (Pg. 7, 1st ¶; handle 110), wherein the food shaping attachment and the handle are connected to each other using a latching element (Fig. 3; Pg. 5, 2nd ¶; end plugs 140) and a catching element (Fig. 3; Pg. 5, 2nd ¶; central shaft 132). Kuen further teaches the latching element comprises a pair of tabs (Fig. 3; Pg. 5, 2nd ¶; end plugs 140) having a cavity (Fig. 3; Pg. 5, 2nd ¶; end plugs 140 have a groove inside them) and that the latching element and catching elements may be swapped with each other (Pg. 5, 2nd ¶).
Schulling and Kuen are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Schulling with the teachings of Kuen to provide said magnetic latching element comprises a pair of tabs, said pair of tabs having a cavity. Doing so would allow one shaping attachment to be easily interchanged with another shaping attachment for the purposes of providing a variety of shapes (Kuen Pg. 6, 4th ¶ to Pg. 7, 1st ¶).
Regarding claim 6, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 5, wherein Kuen further teaches said catching element (Fig. 3; Pg. 5, 2nd ¶; central shaft 132) is complementary to said latching element (Fig. 3; Pg. 5, 2nd ¶; end plugs 140 are received by central shaft 132).
Regarding claim 7, modified Schulling discloses the magnetic interchangeable shaping attachment device of claim 6, wherein Kuen further teaches said catching element is a pair of slots (Fig. 3; Pg. 5, 2nd ¶; central shaft 132 has slots 133), said pair of slots having a release pin (Fig. 3-4; Pg. 5, 3rd ¶; end pieces 152), said release pin having a spring (Fig. 3; Pg. 5, 3rd ¶; compression coil spring 150) wherein said release pin being spring loaded (Fig. 3; Pg. 5, 3rd ¶; end pieces 152 are spring loaded by compression coil spring 150), said release pin being complementary to said cavity of said pair of tabs (Fig. 3; Pg. 5, 3rd ¶ to Pg. 6, 1st ¶; end pieces 152 engage end plugs 140). Schulling and Kuen are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Schulling with the teachings of Kuen to provide said catching element is a pair of slots, said pair of slots having a release pin, said release pin having a spring wherein said release pin being spring loaded, said release pin being complementary to said cavity of said pair of tabs. Doing so would allow one shaping attachment to be easily interchanged with another shaping attachment for the purposes of providing a variety of shapes (Kuen Pg. 6, 4th ¶ to Pg. 7, 1st ¶).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Schulling (US 20050000372 A1), in view of McGuyer et al. (US 20030234205 A1; hereafter McGuyer), Min et al. (KR 20190122607 A; hereafter Min; paragraph numbers correspond to attached English machine translation), Kuen (GB 2357989 A) and Zhang et al. (CN 108433487 A; hereafter Zhang; paragraph numbers correspond to attached English machine translation).
Regarding claim 12, Schulling discloses a shaping attachment device ([0023]; portioning device) configured for facilitating in shaping a semisolid material ([0023, 0038]; portioning device forms spherically shaped servings and smooths foodstuff, such as ice cream), the shaping attachment device comprising:
an attachment ([0038, 0048]; spatula 15) being configured for creating a shape within the semisolid material ([0038, 0048]; spatula smooths surface of ice cream), said attachment having a shape surface (Marked Fig. 3; shape surface) and a mounting surface (Marked Fig. 3; mounting surface), said mounting surface having a latching element (Marked Fig. 3; latching element);
a handle (Fig. 3; [0046]; handle 1) having a mount (Marked Fig. 3; mount) for coupling to said attachment, said handle being configured for being gripped by a hand of a user ([0027-0028]; handle is adapted to the hand of the user), said mount having a catching element (Marked Fig. 3; catching element), said latching element being nested within said catching element (Marked Fig. 3; latching element is nested with hole of catching element) for securing said attachment to said mount of said handle;
a scoop (Fig. 1; [0046]; scoop 5) positioned on said mount of said handle (Marked Fig. 3), said scoop having a semi-spherical body (Fig. 3; [0046]; scoop 5 has semi-spherical body), said scoop having an interior (Fig. 1-3; inside of scoop 5), said interior of said scoop defining a space for the semisolid material to be positioned within (Fig. 1-3; inside of scoop is space for foodstuff, such as ice cream), said scoop having a perimeter edge (Marked Fig. 1; perimeter edge), said perimeter edge defining an opening to said interior of said scoop (Marked Fig. 1; perimeter edge at opening of scoop defines the opening to the inside of the scoop), said scoop having an aperture (Marked Fig. 1; aperture) extending therethrough;
a scraper (Claim 15, Marked Fig. 1; blade is semi-circular band scraper) being positioned within said interior of said scoop (Claim 15, Fig. 1; blade is inside scoop 5), said scraper being a semi-circular band (Claim 15, Marked Fig. 1; blade is semi-circular band scraper), said scraper being movably positioned upon said aperture of said scoop to said perimeter edge of said scoop (Claim 15, Marked Fig. 1; blade is positioned on aperture to perimeter edge and pivotably moves);
a pair of clamps (Fig. 1; [0046]; two handle halves 3, 4) being positioned on said handle, each of said clamps being coupled to each other by a hinge (Fig. 1; [0046]; articulation 2), said hinge being configured for positioning said pair of clamps from an open position to a closed position (Fig. 1; [0046]; 3,4 are pivotably connected at 2 such that 3 and 4 can pivot towards one another), an extension spring ([0006]; pull-back spring (not illustrated in figures)) being positioned between each of said clamps, said extension spring being configured for being biased towards said open position of said pair of clamps ([0006, 0046]; pull-back spring pivots 3 and 4 back into an open position after pressing with the hand of the user);
and a ratchet mechanism (Marked Fig. 1; ratchet) being positioned at an end of said pair of clamps (Marked Fig. 1; ratchet is disposed at end of two handle halves 3, 4), said ratchet mechanism having a rod (Fig. 1; rod 2) being coupled to said scraper of said scoop (Marked Fig. 1; rod 2 is coupled to blade), said ratchet mechanism being configured for rotating said rod wherein rotating said scraper within said interior of said scoop (Marked Fig. 1; ratchet rotates rod 2 when the hand of the user presses on 3, 4, which in turn rotates blade in scoop 5).
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Schulling does not disclose the attachment comprises a plurality of attachments being magnetic, said mounting surface of each of said attachments having a magnetic latching element, said mount being a metal material having magnetic capabilities, said mount being configured for retaining each of said attachments to said handle by magnetism, each of said attachments has a circular disc shape including a perimeter wall protruding out therefrom, said shape surface of each of said attachments has a protrusion configured for producing the shape within said semisolid material, said magnetic latching element comprises a pair of tabs, said pair of tabs having a cavity, said catching element is complementary to said latching element, said catching element is a pair of slots, said pair of slots having a release pin, said release pin having a spring wherein said release pin being spring loaded, said release pin being complementary to said cavity of said pair of tabs and each of said plurality of attachments being engageable to said scoop on a side opposite said perimeter edge wherein said opening is unobstructed by attachment of each of said attachments.
However, McGuyer teaches an interchangeable shaping attachment device ([0017]; multi-tool kitchen utensil kit) configured for facilitating in shaping a semisolid material ([0100]; multi-tool has a variety of components for shaping food, such as ice cream), the device comprising a plurality of shaping attachments ([0098]; plurality of components), each of said attachments having a shape surface (Fig. 33-39; a variety of the plurality of components shown with shaping surfaces 320-332 respectively protruding from top of flange 172) and a mounting surface (Fig. 33-39; flange 172), wherein said mounting surface has a latching element (Fig. 33-39; [0131]; projection 166) for nesting withing a catching element (Fig. 4-11; [0113]; receptacle 112) of a handle (Fig. 4-11; [0113]; handle 88). McGuyer further teaches each of said attachments has a circular disc shape (Fig. 33-39; flange 172 has a circular disc shape) including a perimeter wall protruding out therefrom (Fig. 33-39; perimeter edge extending from middle of flange 172) and said shape surface of each of said attachments has a protrusion (Fig. 33-39; shaping surfaces 320-332 respectively protruding from top of flange 172) configured for producing the shape within said semisolid material.
Schulling and McGuyer are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling with the teachings of McGuyer to provide the attachments comprises a plurality of attachments, each of said attachments has a circular disc shape including a perimeter wall protruding out therefrom and said shape surface of each of said attachments has a protrusion configured for producing the shape within said semisolid material. Doing so would allow the shaping attachment of Schulling to be interchangeably replaced with a large variety of shaping attachments useable for shaping a variety of foodstuff for the purposes of reducing costs compared to similar implements (McGuyer [0015]).
Furthermore, Min teaches a shaping attachment device (Fig. 1; [0001]; detachable rice spatula) configured for facilitating in shaping a semisolid material ([0001]; rice) comprising a magnetic shaping attachment (Fig. 1; [0013, 0026]; head part 101 comprising iron head assembly 103 with permanent magnet) with a mounting surface including a magnetic latching element (Fig. 1; [0013, 0026]; iron head assembly 103 with permanent magnet). Min further discloses a handle (Fig. 1; [0013]; handle part 201) with a magnetic metal mount with a catching element (Fig. 1-2; [0013]; handle groove 202 with fixed magnet 206) configured to receive the magnetic latching element.
Schulling and Min are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling, in view of McGuyer, with the teachings of Min to provide the plurality of attachments being magnetic, said mounting surface of each of said attachments having a magnetic latching element, said mount being a metal material having magnetic capabilities and said mount being configured for retaining each of said attachments to said handle by magnetism. Doing so would allow the plurality of shaping attachments to be easily separated from the handle (Min [0031]).
Furthermore, Kuen teaches an assembly of an interchangeable foodstuff shaping attachment (Pg. 7, 1st ¶; pastry cutting blade 134) and a handle (Pg. 7, 1st ¶; handle 110), wherein the food shaping attachment and the handle are connected to each other using a latching element (Fig. 3; Pg. 5, 2nd ¶; end plugs 140) and a catching element (Fig. 3; Pg. 5, 2nd ¶; central shaft 132). Kuen further teaches the latching element comprises a pair of tabs (Fig. 3; Pg. 5, 2nd ¶; end plugs 140) having a cavity (Fig. 3; Pg. 5, 2nd ¶; end plugs 140 have a groove inside them) and that the latching element and catching elements may be swapped with each other (Pg. 5, 2nd ¶). Kuen further teaches said catching element (Fig. 3; Pg. 5, 2nd ¶; central shaft 132) is complementary to said latching element (Fig. 3; Pg. 5, 2nd ¶; end plugs 140 are received by central shaft 132) and said catching element is a pair of slots (Fig. 3; Pg. 5, 2nd ¶; central shaft 132 has slots 133), said pair of slots having a release pin (Fig. 3-4; Pg. 5, 3rd ¶; end pieces 152), said release pin having a spring (Fig. 3; Pg. 5, 3rd ¶; compression coil spring 150) wherein said release pin being spring loaded (Fig. 3; Pg. 5, 3rd ¶; end pieces 152 are spring loaded by compression coil spring 150), said release pin being complementary to said cavity of said pair of tabs (Fig. 3; Pg. 5, 3rd ¶ to Pg. 6, 1st ¶; end pieces 152 engage end plugs 140).
Schulling and Kuen are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling, in view of McGuyer and Min, with the teachings of Kuen to provide said magnetic latching element comprises a pair of tabs, said pair of tabs having a cavity, said catching element is complementary to said latching element, said catching element is a pair of slots, said pair of slots having a release pin, said release pin having a spring wherein said release pin being spring loaded, said release pin being complementary to said cavity of said pair of tabs. Doing so would allow one shaping attachment to be easily interchanged with another shaping attachment for the purposes of providing a variety of shapes (Kuen Pg. 6, 4th ¶ to Pg. 7, 1st ¶).
Furthermore, Zhang teaches a food shaping device (Fig. 1; [0006]; spoon for scooping viscous liquids) comprising a handle (Fig. 1; [0052]; handle 20), a scoop (Fig. 1; [0052]; spoon body 10) with a perimeter edge (Fig. 1; upper circular edge of scoop body 10) and an attachment (Fig. 1; [0052]; scraper 30), wherein the attachment is engageable to said scoop (Fig. 1; [0052]; scraper 30 hinges outside scoop body 10) on a side opposite said perimeter edge (Fig. 1; [0052]; scraper 30 hinges outside scoop body 10, opposite the upper circular edge of scoop body 10) and wherein an opening of the scoop is unobstructed by attachment of said attachment (Fig. 1; [0052]; opening of scoop body 10 is unobstructed by scraper 30).
Schulling and Zhang are both considered to be analogous to the claimed invention because they are in the field of handheld kitchen tools for shaping foodstuff. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Schulling, in view of McGuyer, Min and Kuen, with the teachings of Zhang to rearrange the plurality of attachments to be engageable to said scoop on a side opposite said perimeter edge wherein said opening is unobstructed by attachment of each of said attachments, since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. See MPEP 2144.04 (VI). One would have been motivated to rearrange the plurality of attachments for the purpose of convenience as doing so would allow the scoop and the plurality of attachments to be utilized together by simply flipping the device.
Schulling, in view of McGuyer, Min, Kuen and Zhang, does not explicitly disclose said semisolid material comprises dough.
However, this limitation amounts to an intended use of the shaping device. Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114 (II) and 2115 for further details. As Schulling, in view of McGuyer, Min, Kuen and Zhang, comprises all the positively recited elements of claim 12, it is necessarily capable of performing the intended use.
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 Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (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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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754