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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 211020833.
CN 211020833 discloses in reference to claim:
12. A toaster device for making cotton candy, comprising a [toaster] body1 , a heating assembly 2, a machine base (implied to support the elements shown in figures 1-5), a humidifying assembly 11, a motor assembly [122, 121, 123, 4, 6], and a feeding pipe 10; wherein the toaster body is provided with a sugar generating chamber (within body 1), the heating assembly 2 is provided below the toaster body 1; the machine base 9 comprises a fixing base 7, a though hole (see Figure 1), a bearing 5, and a support plate 9 (see figure 1), the though hole penetrates through upper and lower sides of the fixing base 7, the bearing 5 is located in the though hole, the motor assembly 6 comprises a motor 6 and a hollow rotating shaft 4, the motor and the rotating shaft are provided on upper and lower sides of the support plate 9, respectively, the rotating shaft sequentially extends through the fixing base 7 and the heating assembly 2, a top end of the rotating shaft is fixed to the toaster body 1, the motor 6 is configured to drive the rotating shaft 4 to drive the toaster body 1 to rotate, the feeding pipe 10 extends through the rotating shaft into the toaster body 1 and is in communication with the sugar generating chamber (for providing continuous sugar to the toaster body 1); the humidifying assembly 11 is configured to humidify an interior of the sugar generating chamber (note that the water feeding pipe 11 is disclosed as connected to the feeding pipe 10 and extending to the toaster body 1 such that when the cotton candy production is complete, the assembly 11 can be used to provide water to the hot toaster body. The introduction of the water causing at least some water to evaporate and provide additional humidity to the chamber. )
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13. The toaster device according to claim 12, wherein the humidifying assembly comprises a water delivery pipe extending to the interior of the sugar generating chamber, the water delivery pipe is configured to deliver humidifying liquid into the sugar generating chamber to humidify the interior of the sugar generating chamber. See note above with respect to claim 12
14. The toaster device according to claim 12, wherein the interior of sugar generating chamber is provided with a water storage chamber, the humidifying assembly is configured to deliver humidifying liquid into the water storage chamber to humidify the interior of the sugar generating chamber. Note that the chamber 1 serves as a water storage chamber in the scenario described above with respect to claims 12-13 since the chamber will serve to hold water at least temporarily that gets injected after the shut down of candy making.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 211020833 in view of CN 112471312.
CN 211020833 disclsoes:
12. A toaster device for making cotton candy, comprising a [toaster] body1 , a heating assembly2 , a machine base (implied to support the elements shown in figures 1-5), a humidifying assembly 11, a motor assembly [122, 121, 123, 4, 6], and a feeding pipe 10; wherein the toaster body is provided with a sugar generating chamber (within body 1), the heating assembly 2 is provided below the toaster body 1; the machine base 9 comprises a fixing base 7, a though hole (see Figure 1), a bearing 5, and a support plate 9 (see figure 1), the though hole penetrates through upper and lower sides of the fixing base 7, the bearing 5 is located in the though hole, the motor assembly 6 comprises a motor 6 and a hollow rotating shaft 4, the motor and the rotating shaft are provided on upper and lower sides of the support plate 9, respectively, the rotating shaft sequentially extends through the fixing base 7 and the heating assembly 2, a top end of the rotating shaft is fixed to the toaster body 1, the motor 6 is configured to drive the rotating shaft 4 to drive the toaster body 1 to rotate, the feeding pipe 10 extends through the rotating shaft into the toaster body 1 and is in communication with the sugar generating chamber (for providing continuous sugar to the toaster body 1);
The humidifying assembly 11 of CN 211020833 though configured to be able to humidify an interior of the sugar generating chamber as described above is provided with the intention to clean the sugar chamber after candy production.
CN 112471312 discloses a similar candy producing device intentionally including a water delivery means for providing humidity to the area of the candy production. CN 112471312 teaches the air humidifying device comprises a humidity sensor and a humidifier connected with the control module and air humidity is critical to the formation of cotton candy.
One of skill in the art would have found it obvious to modify the CN 211020833 device to include the function of providing critical humidification to the candy furnace using the already disclosed structure intended for providing cleaning water after candy production in addition to the humidity sensor as taught by CN 112471312.
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Allowable Subject Matter
Claims 1-11, 15-20 are allowed.
The following is an examiner’s statement of reasons for allowance: It should be noted that although the art cited above teaches certain aspects of the claimed invention the art does not teach the specific limitations regarding the humidifying assembly as part of a cotton candy toaster device. Specifically, there is no teaching within the cited art that suggests providing a fixing base including a water circuit of the humidifying assembly wherein the water circuit includes and inlet and outlet, the outlet being connected such that water flows through the fixing base around a through hole on the way to the toaster body /sugar chamber such that humidification can be provided within the sugar chamber. The benefit of such a construction of the fixing base/water circuit is to provide both a cooling means for the fixing base, more particularly the bearing within the fixing base, while also providing critical humidification capability to the candy machine.
As discussed above CN 211020833 discloses the limitations of the claimed candy machine with the exception of the water circuit as discussed.
CN 112471312 discloses a similar device using a humification assembly to spray the outside of the rotating sugar chamber without actively providing humidity to the interior of the sugar chamber.
Regarding the water circuit within the fixing base, Kendall (US 2352206) discloses a temperature controlled bearing configuration including a fixing base 10 having a through hole therethrough for accommodating a bearing which supports a rotating shaft, the fixing base including a water circuit therethrough having a water inlet and water outlet, and surrounding the through hole. The flow of cooling water through the water circuit serving to cool the bearing. It is noted however, that the cooling effect is predicated on the (continuous) flow of water therethrough. Since the cotton candy device as claimed does not provide for a continuous flow of water, one would not have been motivated to combine the teachings of Kendall into either CN 211020833 or CN 112471312.
Other art cited but not relied upon serve to teach the general state of the art and/or individual claim limitations without particular inventive enlightenment.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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