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
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-10, 13 and 15-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swartz et al.
There is disclosed in Swartz a beverage brewer, comprising: a brewing material holder 114, including a perforated sidewall 912 and an end cap 904, wherein the material holder is configured to hold beverage brewing material suspended within a liquid container 104, 105 that is uncoupled from a bottom of the liquid container (para. 0021 it is stated that a rotary support shaft of the material holder has a loose fit with a bottom of the container so as to rotate freely, thus no coupling of elements), the container includes an upper rim forming a collar from which the brewing material holder is suspended; a mixing blade arrangement 109 coupled to the brewing material holder at the end cap; and a drive assembly 112, 118 operable to move the mixing blade such that resulting movement of the blade agitates liquid held in the container.
Claim Rejections - 35 USC § 103
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(s) 2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swartz et al. in view of Rosan, Sr.
Rosan discloses that it is known in the art to provide a blade arrangement 38 within a brewing material holder, wherein the brewing material holder is suspended within a liquid container and rotation of the brewing material holder will allow for rotation of the blade arrangement and liquid within the container.
It would have been obvious to one skilled in the art to substitute the blade arrangement of Swartz with the blade arrangement disclosed in Rosan, in order to provide an alternative means for agitating the liquid. The alternative means eliminating the need for a separate element and connection means for the element.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swartz et al. in view of Boone et al. ‘072.
Boone discloses that it is known in the art to have a suspended brewing material holder 103 which includes an end cap arrangement which is removable from a sidewall of the holder (fig. 4).
It would have been obvious to one skilled in the art to substitute the end cap arrangement of Swartz with that taught in Boone, in order to allow easier entry and removal of a brewing material within the holder.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art references to Stefanoni, Cameron and Dewey are cited for their disclosure of a suspended brewing material holder which is uncoupled to a container bottom and includes a mixing blade which is coupled to the brewing material holder.
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 REGINALD L. ALEXANDER whose telephone number is (571)272-1395. The examiner can normally be reached M-F 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REGINALD ALEXANDER/
Examiner
Art Unit 3761