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 § 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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Scheiwe (US 4,473,739). Scheiwe discloses a thawing device comprising a receiving unit (2a,2b) for arranging a container (such as 1), the receiving unit having a heating device (18); a first movement device (6, 7, 14) which is set up to transmit a first movement to the receiving unit, wherein the first movement is a movement executed essentially in a plane (see Fig. 1); and a further movement device comprising a motion unit (3,4,5), which is set up to transmit a further movement to the receiving unit, the further movement running perpendicular to the plane in which the first movement is executed (see Figs. 1, 4 and 5), and wherein the motion unit comprises a linear actuator (3,4,5). However, duplicating the linear actuator is not disclosed. However, consistent with In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), it would have been obvious for one of ordinary skill in the art before the effective filing date to have duplicated the linear actuator so as to thaw more material or to distribute force.
Allowable Subject Matter
Claims 1-10, 12-17 and 22 are allowed.
Response to Arguments
All the elected claims except claim 18 are allowed.
Claim 18 only differs from Scheiwe concerning duplication of parts, which has repeatedly been held obvious. See St. Regis Paper Company v. Bemis Company, Inc., 549 F.2d 833 (7th Cir. 1977) and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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 DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774