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 10/09/2025:
The 35 U.S.C. 102(a)(1) rejection of claims 1, 2, 9, 13, and 14 is withdrawn.
Claims 1-24 are pending.
Claim Objections
Claims 11 and 23 are objected to because of the following informalities:
Regarding claim 11 and claim 23, Examiner respectfully suggests amending the limitation “the charging system” to “the charging station” to clarify the charging system is referring to the previously recited charging station.
Appropriate correction is required.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1-3, 7, 9, 13-15, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (KR20210015444A- Machine translation provided herein), and further in view of Allen et al. (USH000846H) and Baym et al. (US20140130358).
Regarding claim 1, Yoo teaches an ice cream scooping system (ice cream scoop 100;
Figure 1) comprising:
a handle (body portion 20; Figure 1);
a bowl (head portion 10; Figure 1) located at one end of the handle (see head portion 10
located at one end of body portion 20 in Figure 1), the bowl having inner and outer surfaces
and an outer rim (see annotated Figure 1 on pg. 8 of the Office Action mailed 04/09/2025); and
an ultrasonic generation system (vibration part 22 in Figure 5 and “the vibration unit may include an ultrasonic vibration generator to generate ultrasonic vibration”- see pg. 3 ¶6)
without a heating element (only ultrasonic vibration generator is present and not a heating
element) coupled to at least a portion of the bowl, the ultrasonic generation system having at
least an engaged state configured to generate ultrasonic waves that cause an ultrasonic
percussion wave and a disengaged state without the generation of the ultrasonic waves (Claim
1: “When the pressure applied to the hinge is sensed by the pressure sensor, a control unit for
controlling the vibration unit so that the vibration generated according to the magnitude of the
sensed pressure is adjusted from a first strength to a second strength” and “vibration unit 22
may be accommodated in the body portion 20 to generate vibration. Vibration generated by
the vibration unit 22 accommodated in the body portion 20 may vibrate the head portion 10
connected to the body portion 20. Accordingly, when the ice cream is loaded, the head portion
10 vibrates”- pg. 3 ¶6).
However, Yoo fails to teach the ultrasonic generation system is located in at least a
portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl
opposite from the handle adjacent a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches an external
stimulus used to remove a layer of ice cream is in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle (col 4 line 38-43; see Figure 2 and Figures
4-6). Placing the external stimulus in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle allows for the stimulus to target the ice cream in its most highly frozen conditions such that it is easily dispensed (col 2 line 42-68). Further, placing the external stimulus only in the portions of the bowl that are required to effect an efficient serving process avoids other portions of the scoop from being overheated and eliminates unnecessary weight and control thereby making the scoop easier to manipulate and handle (col 3 line 1-10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the ultrasonic generation system of Yoo be located in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle, as Allen teaches placing an external stimulus at such a position, to achieve the predictable result of melting a layer of ice cream as it is scooped by a scooping system. There would have been a reasonable expectation of success for the ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Allen can be placed in the spoon’s bowl. Further, placing the external stimulus in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle has a known benefit of targeting the ice cream in its most highly frozen conditions such that it is easily dispensed and making the scoop easier to manipulate and handle by eliminating unnecessary weight and control.
While the ultrasonic generation system of Yoo fails to explicitly teach the ultrasonic
percussion wave resonates such that less than 1 mm of an adjacent outer layer of ice cream is
melted, Yoo does teach adjusting a vibration intensity is necessary to control the amount of melted ice cream (“in the case of an ice cream scoop equipped with a vibrating unit, the intensity of the vibration cannot be adjusted, so even when a small amount of ice cream is filled, more than necessary vibration is applied, so that the user eats the melted ice cream- see pg. 2 ¶4), and that the scooping system of Yoo can control the vibration intensity (“In another embodiment, the control unit 30 may detect the magnitude of the pressure in the second section where the sensed pressure is greater than the first section. Specifically, the controller 30 may detect a pressure in the second section that exceeds the threshold value of the first section. In this case, as the magnitude of the sensed pressure exceeds the threshold value of the second section, the controller 30 may control the vibration of the vibration unit to be adjusted from the second intensity to the third intensity- pg. 4 ¶ 2). Further, Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input (“In the input unit 50, the total amount of ice cream weight to be scooped may be selected according to a user's input”- pg.4 ¶10).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to control the ultrasonic waves of Yoo modified with Allen to cause an ultrasonic percussion wave that resonates with and melts less than 1 mm of an adjacent outer layer of ice cream by routine optimization (see MPEP 2144.05.II). Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input and that when more than necessary vibration is applied a larger amount of ice cream than desired is melted. Therefore, one of ordinary skill would be motivated to optimize the ultrasonic percussion wave intensity to resonate with and melt an adjacent outer layer of ice cream according to a user's input.
Further, the less than 1 mm of an adjacent outer layer of ice cream being melted is a material worked upon and does not impart patentability to the apparatus claim (see MPEP 2115). As noted above, Yoo teaches the total amount of ice cream weight to be scooped may be selected according to a user's input and that the vibration intensity is adjusted to control the amount of melted ice cream, such that the ultrasonic waves of Yoo would be capable of melting less than 1 mm of an adjacent outer layer of ice cream.
Regarding claim 2, Yoo modified with Allen teaches the ice cream scooping system as set forth in claim 1. However, Yoo fails to teach wherein the ultrasonic generation system further comprises: one or more ultrasonic transmitters coupled to the bowl adjacent to at least a portion of the outer rim which forms a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches the heating
system (heating means 40; Figure 2) further comprises on or more heating sources coupled to
the bowl adjacent to at least a portion of the outer rim which forms a leading edge of the bowl
opposite from the handle (col 4 line 48-53). Coupling the heating means transmitters adjacent to at least a portion of the outer rim allows for sufficient heating of the rim upon initial entry of
the ice cream scoop into a bulk food to initiate scooping and dispensing (col 4 line 48-53).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the ultrasonic generation system of Yoo modified
with Allen further comprise one or more ultrasonic transmitters coupled to the bowl adjacent
to at least a portion of the outer rim which forms a leading edge of the bowl opposite from the
handle, as Allen teaches for electronically controlled elements in a bowl portion of an ice cream
scoop, for the benefit of providing a desired external stimulus where it is most needed for
scooping and dispensing. There would have been a reasonable expectation of success for the
ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym
teaches in the art of utensils that various energy activation sources can be placed in a spoon’s
bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency
source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to
emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has
a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least
a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a
bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Allen can be placed in the spoon’s bowl.
Regarding claim 3, Yoo modified with Allen teaches the ice cream scooping system as
set forth in claim 2. However, Yoo fails to teach wherein the one or more ultrasonic
transmitters comprise a plurality of the ultrasonic transmitters coupled to the bowl to form a
ring about the outer rim of the bowl.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches the heating
system (heating means 40; Figure 2) comprise a plurality of heaters coupled to the bowl to form
a ring about the outer rim of the bowl (col 4 line 48-55).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Allen be coupled to the bowl to form a ring about the outer rim of the bowl, as
Allen teaches for electronically controlled elements in a bowl portion of an ice cream scoop, for
the benefit of sufficiently heating the rim upon initial entry of the ice cream scoop into a bulk
food to initiate scooping and dispensing. There would have been a reasonable expectation of
success for the ultrasonic generation system of Yoo to be placed in at least a portion of the
bowl, since Baym teaches in the art of utensils that various energy activation sources can be
placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a
radio frequency source, an infrared source, a near infrared source, or the like placed in the
bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one
of ordinary skill has a reasonable expectation of success to place the ultrasonic generation
system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled
elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an
ultrasonic source or other electronically controlled elements similar to that of Allen can be
placed in the spoon’s bowl.
Regarding claim 7, Yoo modified with Allen teaches the ice cream scooping system as
set forth in claim 2. However, Yoo fails to teach wherein the one or more ultrasonic
transmitters are mounted in the bowl between the inner and outer surfaces.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches wherein the
one or more heating elements are mounted in the bowl between the inner and outer surfaces
(col 5 line 2-6). Mounting the one or more heating elements mounted in the bowl between the
inner and outer surfaces heats the inner and outer surfaces to about the same degree, which
assists in the separation of an ice cream ball from the bulk and prevents the ice cream from
sticking to the scoop during transit without unduly heating the ball itself so that the ice cream
can be served as a desire temperature (col 5 line 5-10).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Allen be mounted in the bowl between the inner and outer surface, as Allen
teaches for electronically controlled elements in a bowl portion of an ice cream scoop, for the
benefit of equally heating the inner and outer surfaces to assist in the separation of an ice
cream ball and prevent the ice cream from sticking to the scoop during transit. There would
have been a reasonable expectation of success for the ultrasonic generation system of Yoo to
be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various
energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source,
an electromagnetic source, a radio frequency source, an infrared source, a near infrared source,
or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities
([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the
ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches
electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other electronically controlled elements similar to
that of Allen can be placed in the spoon’s bowl.
Regarding claim 9, Yoo modified with Allen teaches the ice cream scooping system as
set forth in claim 2. Further, Yoo teaches wherein the ultrasonic generation system further
comprises: a power source (“a rechargeable battery may be provided at the bottom of the body
20 to supply power to the vibration unit 22”- pg. 3 ¶8); and
an engagement device coupled between the one or more ultrasonic transmitters and
the power source, the engagement device configured to switch the ultrasonic generation
system between at least the engaged state and the disengaged state (“controller 30 controls
the overall operation of the ice cream scoop 100 according to embodiments of the present
invention. The control unit 30 may process signals, data, information, etc. input or output
through the components described above and a display unit… When the pressure applied to
the hinge 11 is sensed by the pressure sensor 21, the controller 30 controls the vibration so that
the vibration generated according to the sensed pressure is adjusted from the first intensity to
the second intensity. The eastern part (22) can be controlled.”- pg. 3 ¶9).
Regarding claim 13, Yoo teaches a method for making an ice cream scooping system,
the method comprising:
providing a bowl (head portion 10; Figure 1) located at one end of a handle (body
portion 20; Figure 1) of an ice cream scooping device (ice cream scoop 100; Figure 1), the bowl
having inner and outer surfaces and an outer rim (see annotated Figure 1 in the rejection of
claim 1 above); and
coupling an ultrasonic generation system without a heating element (only ultrasonic vibration generator is present and not a heating element) to at least a portion of the bowl (vibration part 22 in Figure 5 and “the vibration unit may include an ultrasonic vibration generator to generate ultrasonic vibration”- see pg. 3 ¶6), the ultrasonic generation system having at least an engaged state configured to generate ultrasonic waves and a disengaged state without the generation of the ultrasonic waves (Claim 1: “When the pressure applied to the hinge is sensed by the pressure sensor, a control unit for controlling the vibration unit so that the vibration generated according to the magnitude of the sensed pressure is adjusted from a first strength to a second strength” and “vibration unit 22 may be accommodated in the body portion 20 to generate vibration. Vibration generated by the vibration unit 22 accommodated in the body portion 20 may vibrate the head portion 10 connected to the body portion 20. Accordingly, when the ice cream is loaded, the head portion 10 vibrates”- pg. 3 ¶6).
However, Yoo fails to teach the ultrasonic generation system is located in at least a
portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl
opposite from the handle adjacent a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches an external
stimulus used to remove a layer of ice cream is in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle (col 4 line 38-43; see Figure 2 and Figures
4-6). Placing the external stimulus in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle allows for the stimulus to target the ice cream in its most highly frozen conditions such that it is easily dispensed (col 2 line 42-68). Further, placing the external stimulus only in the portions of the bowl that are required to effect an efficient serving process avoids other portions of the scoop from being overheated and eliminates unnecessary weight and control thereby making the scoop easier to manipulate and handle (col 3 line 1-10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the ultrasonic generation system of Yoo be located in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle, as Allen teaches placing an external stimulus at such a position, to achieve the predictable result of melting a layer of ice cream as it is scooped by a scooping system. There would have been a reasonable expectation of success for the ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Allen can be placed in the spoon’s bowl. Further, placing the external stimulus in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle has a known benefit of targeting the ice cream in its most highly frozen conditions such that it is easily dispensed and making the scoop easier to manipulate and handle by eliminating unnecessary weight and control.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches an external
stimulus used to remove a layer of ice cream is in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle (col 4 line 38-43; see Figure 2 and Figures
4-6). Placing the external stimulus in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle allows for the stimulus to target the ice cream in its most highly frozen conditions such that it is easily dispensed (col 2 line 42-68). Further, placing the external stimulus only in the portions of the bowl that are required to effect an efficient serving process avoids other portions of the scoop from being overheated and eliminates unnecessary weight and control thereby making the scoop easier to manipulate and handle (col 3 line 1-10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the ultrasonic generation system of Yoo be located in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle, as Allen teaches placing an external stimulus at such a position, to achieve the predictable result of melting a layer of ice cream as it is scooped by a scooping system. There would have been a reasonable expectation of success for the ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Allen can be placed in the spoon’s bowl. Further, placing the external stimulus in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle has a known benefit of targeting the ice cream in its most highly frozen conditions such that it is easily dispensed and making the scoop easier to manipulate and handle by eliminating unnecessary weight and control.
While the ultrasonic generation system of Yoo fails to explicitly teach the ultrasonic
percussion wave resonates such that less than 1 mm of an adjacent outer layer of ice cream is
melted, Yoo does teach adjusting a vibration intensity is necessary to control the amount of melted ice cream (“in the case of an ice cream scoop equipped with a vibrating unit, the intensity of the vibration cannot be adjusted, so even when a small amount of ice cream is filled, more than necessary vibration is applied, so that the user eats the melted ice cream- see pg. 2 ¶4), and that the scooping system of Yoo can control the vibration intensity (“In another embodiment, the control unit 30 may detect the magnitude of the pressure in the second section where the sensed pressure is greater than the first section. Specifically, the controller 30 may detect a pressure in the second section that exceeds the threshold value of the first section. In this case, as the magnitude of the sensed pressure exceeds the threshold value of the second section, the controller 30 may control the vibration of the vibration unit to be adjusted from the second intensity to the third intensity- pg. 4 ¶ 2). Further, Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input (“In the input unit 50, the total amount of ice cream weight to be scooped may be selected according to a user's input”- pg.4 ¶10).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to control the ultrasonic waves of Yoo modified with Allen to cause an ultrasonic percussion wave that resonates with and melts less than 1 mm of an adjacent outer layer of ice cream by routine optimization (see MPEP 2144.05.II). Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input and that when more than necessary vibration is applied a larger amount of ice cream than desired is melted. Therefore, one of ordinary skill would be motivated to optimize the ultrasonic percussion wave intensity to resonate with and melt an adjacent outer layer of ice cream according to a user's input.
Regarding claim 14, Yoo modified with Allen teaches the method as set forth in claim
13. However, Yoo fails to teach wherein the coupling the ultrasonic generation system further
comprises: coupling one or more ultrasonic transmitters to the bowl adjacent to at least a
portion of the outer rim which forms a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches the heating
system (heating means 40; Figure 2) further comprises on or more heating sources coupled to
the bowl adjacent to at least a portion of the outer rim which forms a leading edge of the bowl
opposite from the handle (col 4 line 48-53). Coupling the heating means transmitters adjacent
to at least a portion of the outer rim allows for sufficient heating of the rim upon initial entry of
the ice cream scoop into a bulk food to initiate scooping and dispensing (col 4 line 48-53).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the ultrasonic generation system of Yoo modified
with Allen further comprise one or more ultrasonic transmitters coupled to the bowl adjacent
to at least a portion of the outer rim which forms a leading edge of the bowl opposite from the
handle, as Allen teaches for electronically controlled elements in a bowl portion of an ice cream
scoop, for the benefit of sufficiently heating the rim upon initial entry of the ice cream scoop
into a bulk food to initiate scooping and dispensing. There would have been a reasonable
expectation of success for the ultrasonic generation system of Yoo to be placed in at least a
portion of the bowl, since Baym teaches in the art of utensils that various energy activation
sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an
electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or
the like placed in the bowl of a spoon to emit energy at various frequencies and intensities
([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the
ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches
electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and
Baym teaches that an ultrasonic source or other electronically controlled elements similar to
that of Allen can be placed in the spoon’s bowl.
Regarding claim 15, Yoo modified with Allen teaches the method as set forth in claim
14. However, Yoo fails to teach wherein the coupling the one or more ultrasonic transmitters
further comprises coupling a plurality of the ultrasonic transmitters to form a ring about the
outer rim of the bowl.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches the heating
system (heating means 40; Figure 2) comprise a plurality of heaters coupled to the bowl to form
a ring about the outer rim of the bowl (col 4 line 48-55).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Allen be coupled to the bowl to form a ring about the outer rim of the bowl, as
Allen teaches for electronically controlled elements in a bowl portion of an ice cream scoop, for
the benefit of sufficiently heating the rim upon initial entry of the ice cream scoop into a bulk
food to initiate scooping and dispensing. There would have been a reasonable expectation of
success for the ultrasonic generation system of Yoo to be placed in at least a portion of the
bowl, since Baym teaches in the art of utensils that various energy activation sources can be
placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a
radio frequency source, an infrared source, a near infrared source, or the like placed in the
bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one
of ordinary skill has a reasonable expectation of success to place the ultrasonic generation
system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled
elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an
ultrasonic source or other electronically controlled elements similar to that of Allen can be
placed in the spoon’s bowl.
Regarding claim 19, Yoo modified with Allen teaches the method as set forth in claim
14. However, Yoo fails to teach wherein the coupling the one or more ultrasonic transmitters further comprises mounting the one or more ultrasonic transmitters in the bowl between the
inner and outer surfaces.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches wherein the
one or more heating elements are mounted in the bowl between the inner and outer surfaces
(col 5 line 2-6). Mounting the one or more heating elements mounted in the bowl between the
inner and outer surfaces heats the inner and outer surfaces to about the same degree, which
assists in the separation of an ice cream ball from the bulk and prevents the ice cream from
sticking to the scoop during transit without unduly heating the ball itself so that the ice cream
can be served as a desire temperature (col 5 line 5-10).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Allen be mounted in the bowl between the inner and outer surface, as Allen
teaches for electronically controlled elements in a bowl portion of an ice cream scoop, for the
benefit of equally heating the inner and outer surfaces to assist in the separation of an ice
cream ball and prevent the ice cream from sticking to the scoop during transit. There would
have been a reasonable expectation of success for the ultrasonic generation system of Yoo to
be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various
energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source,
an electromagnetic source, a radio frequency source, an infrared source, a near infrared source,
or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities
([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the
ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and
Baym teaches that an ultrasonic source or other electronically controlled elements similar to
that of Allen can be placed in the spoon’s bowl.
Regarding claim 21, Yoo modified with Allen teaches the method as set forth in claim
14. Further, Yoo teaches wherein the coupling the ultrasonic generation system further
comprises:
providing a power source (“a rechargeable battery may be provided at the bottom of
the body 20 to supply power to the vibration unit 22”- pg. 3 ¶8); and
coupling an engagement device between the one or more ultrasonic transmitters and
the power source, the engagement device configured to switch the ultrasonic generation
system between at least the engaged state and the disengaged state (“controller 30 controls
the overall operation of the ice cream scoop 100 according to embodiments of the present
invention. The control unit 30 may process signals, data, information, etc. input or output
through the components described above and a display unit… When the pressure applied to
the hinge 11 is sensed by the pressure sensor 21, the controller 30 controls the vibration so that
the vibration generated according to the sensed pressure is adjusted from the first intensity to
the second intensity. The eastern part (22) can be controlled.”- pg. 3 ¶9).
Claim(s) 1, 2, 8, 13, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable
over Yoo (KR20210015444A), and further in view of Halimi (US5000672) and Baym et al.
(US20140130358).
Regarding claim 1, Yoo teaches an ice cream scooping system (ice cream scoop 100; Figure 1) comprising:
an ice cream scooping device (ice cream scoop 100; Figure 1) comprising:
a handle (body portion 20; Figure 1);
a bowl (head portion 10; Figure 1) located at one end of the handle (see head portion 10
located at one end of body portion 20 in Figure 1), the bowl having inner and outer surfaces
and an outer rim (see annotated Figure 1 below); and
an ultrasonic generation system (vibration part 22 in Figure 5 and “the vibration unit
may include an ultrasonic vibration generator to generate ultrasonic vibration”- see pg. 3 ¶6) without a heating element (only ultrasonic vibration generator is present and not a heating element) coupled to at least a portion of the bowl, the ultrasonic generation system having at least an engaged state configured to generate ultrasonic waves and a disengaged state without the generation of the ultrasonic waves (Claim 1: “When the pressure applied to the hinge is sensed by the pressure sensor, a control unit for controlling the vibration unit so that the vibration generated according to the magnitude of the sensed pressure is adjusted from a first strength to a second strength” and “vibration unit 22 may be accommodated in the body portion 20 to generate vibration. Vibration generated by the vibration unit 22 accommodated in the body portion 20 may vibrate the head portion 10 connected to the body portion 20. Accordingly, when the ice cream is loaded, the head portion 10 vibrates”- pg. 3 ¶6).
However, Yoo fails to teach the ultrasonic generation system is in at least a portion of
the bowl.
In the same field of endeavor pertaining to ice cream scoops, Halimi teaches a heating
system is in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle (col 4 line 16-19; see thermister 330 in Figure 9). Placing the heating system within the bowl allows the ice cream scooper to quickly cut through frozen ice cream while not damaging or excessively melting it (col 5 line 18-25).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to modify the ultrasonic generation system of Yoo to be
placed in at least a portion of the bowl, as Halimi teaches electronically controlled elements in a
bowl portion of an ice cream scoop, for the benefit of providing a desired external stimulus
where it is most needed for scooping and dispensing. There would have been a reasonable
expectation of success for the ultrasonic generation system of Yoo to be placed in at least a
portion of the bowl, since Baym teaches in the art of utensils that various energy activation
sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an
electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or
the like placed in the bowl of a spoon to emit energy at various frequencies and intensities
([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the
ultrasonic generation system of Yoo in at least a portion of the bowl, since Halimi teaches
electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and
Baym teaches that an ultrasonic source or other electronically controlled elements similar to
that of Halimi can be placed in the spoon’s bowl.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches an external
stimulus used to remove a layer of ice cream is in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle (col 4 line 38-43; see Figure 2 and Figures
4-6). Placing the external stimulus in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle allows for the stimulus to target the ice cream in its most highly frozen conditions such that it is easily dispensed (col 2 line 42-68). Further, placing the external stimulus only in the portions of the bowl that are required to effect an efficient serving process avoids other portions of the scoop from being overheated and eliminates unnecessary weight and control thereby making the scoop easier to manipulate and handle (col 3 line 1-10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the ultrasonic generation system of Yoo be located in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle, as Allen teaches placing an external stimulus at such a position, to achieve the predictable result of melting a layer of ice cream as it is scooped by a scooping system. There would have been a reasonable expectation of success for the ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Allen can be placed in the spoon’s bowl. Further, placing the external stimulus in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle has a known benefit of targeting the ice cream in its most highly frozen conditions such that it is easily dispensed and making the scoop easier to manipulate and handle by eliminating unnecessary weight and control.
While the ultrasonic generation system of Yoo fails to explicitly teach the ultrasonic
percussion wave resonates such that less than 1 mm of an adjacent outer layer of ice cream is
melted, Yoo does teach adjusting a vibration intensity is necessary to control the amount of melted ice cream (“in the case of an ice cream scoop equipped with a vibrating unit, the intensity of the vibration cannot be adjusted, so even when a small amount of ice cream is filled, more than necessary vibration is applied, so that the user eats the melted ice cream- see pg. 2 ¶4), and that the scooping system of Yoo can control the vibration intensity (“In another embodiment, the control unit 30 may detect the magnitude of the pressure in the second section where the sensed pressure is greater than the first section. Specifically, the controller 30 may detect a pressure in the second section that exceeds the threshold value of the first section. In this case, as the magnitude of the sensed pressure exceeds the threshold value of the second section, the controller 30 may control the vibration of the vibration unit to be adjusted from the second intensity to the third intensity- pg. 4 ¶ 2). Further, Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input (“In the input unit 50, the total amount of ice cream weight to be scooped may be selected according to a user's input”- pg.4 ¶10).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to control the ultrasonic waves of Yoo modified with Allen to cause an ultrasonic percussion wave that resonates with and melts less than 1 mm of an adjacent outer layer of ice cream by routine optimization (see MPEP 2144.05.II). Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input and that when more than necessary vibration is applied a larger amount of ice cream than desired is melted. Therefore, one of ordinary skill would be motivated to optimize the ultrasonic percussion wave intensity to resonate with and melt an adjacent outer layer of ice cream according to a user's input.
Further, the less than 1 mm of an adjacent outer layer of ice cream being melted is a material worked upon and does not impart patentability to the apparatus claim (see MPEP 2115). As noted above, Yoo teaches the total amount of ice cream weight to be scooped may be selected according to a user's input and that the vibration intensity is adjusted to control the amount of melted ice cream, such that the ultrasonic waves of Yoo would be capable of melting less than 1 mm of an adjacent outer layer of ice cream.
Regarding claim 2, Yoo modified with Halimi teaches the ice cream scooping system as
set forth in claim 1. However, Yoo fails to teach wherein the ultrasonic generation system
further comprises: one or more ultrasonic transmitters coupled to the bowl adjacent to at least
a portion of the outer rim which forms a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Halimi teaches the heating
system further comprises on or more heating sources coupled to the bowl adjacent to at least a
portion of the outer rim which forms a leading edge of the bowl opposite from the handle (col 4
line 16-19). Coupling the heating means transmitters adjacent to at least a portion of the outer
rim allows the ice cream scooper to quickly cut through frozen ice cream while not damaging or
excessively melting it (col 5 line 18-25).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the ultrasonic generation system of Yoo modified
with Halimi further comprise one or more ultrasonic transmitters coupled to the bowl adjacent
to at least a portion of the outer rim which forms a leading edge of the bowl opposite from the
handle, as Halimi teaches for electronically controlled elements in a bowl portion of an ice
cream scoop, for the benefit of quickly cutting through frozen ice cream while not damaging or
excessively melting it. There would have been a reasonable expectation of success for the
ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym
teaches in the art of utensils that various energy activation sources can be placed in a spoon’s
bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency
source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to
emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has
a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least
a portion of the bowl, since Halimi teaches electronically controlled elements are positioned in
a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Halimi can be placed in the spoon’s bowl.
Regarding claim 8, Yoo modified with Halimi teaches the ice cream scooping system as
set forth in claim 2. However, Yoo fails to teach wherein the one or more ultrasonic
transmitters are mounted on the outer surface of the bowl.
In the same field of endeavor pertaining to ice cream scoops, Halimi teaches wherein
the one or more ultrasonic transmitters are mounted on the outer surface of the bowl (see
heated leading edge 328 in Figure 8 and Figure 9).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Halimi be mounted on the outer surface of the bowl, as Halimi teaches for
electronically controlled elements in a bowl portion of an ice cream scoop, for the benefit of
quickly cutting through frozen ice cream while not damaging or excessively melting it. There
would have been a reasonable expectation of success for the ultrasonic generation system of
Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that
various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic
source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared
source, or the like placed in the bowl of a spoon to emit energy at various frequencies and
intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to
place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Halimi
teaches electronically controlled elements are positioned in a bowl portion of an ice cream
scoop, and Baym teaches that an ultrasonic source or other electronically controlled elements
similar to that of Halimi can be placed in the spoon’s bowl.
Regarding claim 13, Yoo teaches a method for making an ice cream scooping system, the method comprising:
providing a bowl (head portion 10; Figure 1) located at one end of a handle (body
portion 20; Figure 1) of an ice cream scooping device (ice cream scoop 100; Figure 1), the bowl
having inner and outer surfaces and an outer rim (see annotated Figure 1 in the rejection of
claim 1 above); and
coupling an ultrasonic generation system without a heating element (only ultrasonic vibration generator is present and not a heating element) to at least a portion of the bowl (vibration part 22 in Figure 5 and “the vibration unit may include an ultrasonic vibration generator to generate ultrasonic vibration”- see pg. 3 ¶6), the ultrasonic generation system having at least an engaged state configured to generate ultrasonic waves and a disengaged state without the generation of the ultrasonic waves (Claim 1: “When the pressure applied to the hinge is sensed by the pressure sensor, a control unit for controlling the vibration unit so that the vibration generated according to the magnitude of the sensed pressure is adjusted from a first strength to a second strength” and “vibration unit 22 may be accommodated in the body portion 20 to generate vibration. Vibration generated by the vibration unit 22 accommodated in the body portion 20 may vibrate the head portion 10 connected to the body portion 20. Accordingly, when the ice cream is loaded, the head portion 10 vibrates”- pg. 3 ¶6).
However, Yoo fails to teach the ultrasonic generation system is located in at least a
portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl
opposite from the handle adjacent a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Halimi teaches a heating
system is in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle (col 4 line 16-19; see thermister 330 in Figure 9). Placing the heating system within the bowl allows the ice cream scooper to quickly cut through frozen ice cream while not damaging or excessively melting it (col 5 line 18-25).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to modify the ultrasonic generation system of Yoo to be
placed in at least a portion of the bowl, as Halimi teaches electronically controlled elements in a
bowl portion of an ice cream scoop, for the benefit of providing a desired external stimulus
where it is most needed for scooping and dispensing. There would have been a reasonable
expectation of success for the ultrasonic generation system of Yoo to be placed in at least a
portion of the bowl, since Baym teaches in the art of utensils that various energy activation
sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an
electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or
the like placed in the bowl of a spoon to emit energy at various frequencies and intensities
([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the
ultrasonic generation system of Yoo in at least a portion of the bowl, since Halimi teaches
electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and
Baym teaches that an ultrasonic source or other electronically controlled elements similar to
that of Halimi can be placed in the spoon’s bowl.
In the same field of endeavor pertaining to ice cream scoops, Allen teaches an external
stimulus used to remove a layer of ice cream is in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle (col 4 line 38-43; see Figure 2 and Figures
4-6). Placing the external stimulus in at least a portion of the bowl between the
inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent
a leading edge of the bowl opposite from the handle allows for the stimulus to target the ice cream in its most highly frozen conditions such that it is easily dispensed (col 2 line 42-68). Further, placing the external stimulus only in the portions of the bowl that are required to effect an efficient serving process avoids other portions of the scoop from being overheated and eliminates unnecessary weight and control thereby making the scoop easier to manipulate and handle (col 3 line 1-10).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the ultrasonic generation system of Yoo be located in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle, as Allen teaches placing an external stimulus at such a position, to achieve the predictable result of melting a layer of ice cream as it is scooped by a scooping system. There would have been a reasonable expectation of success for the ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Allen teaches electronically controlled elements are positioned in a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Allen can be placed in the spoon’s bowl. Further, placing the external stimulus in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle has a known benefit of targeting the ice cream in its most highly frozen conditions such that it is easily dispensed and making the scoop easier to manipulate and handle by eliminating unnecessary weight and control.
While the ultrasonic generation system of Yoo fails to explicitly teach the ultrasonic
percussion wave resonates such that less than 1 mm of an adjacent outer layer of ice cream is
melted, Yoo does teach adjusting a vibration intensity is necessary to control the amount of melted ice cream (“in the case of an ice cream scoop equipped with a vibrating unit, the intensity of the vibration cannot be adjusted, so even when a small amount of ice cream is filled, more than necessary vibration is applied, so that the user eats the melted ice cream- see pg. 2 ¶4), and that the scooping system of Yoo can control the vibration intensity (“In another embodiment, the control unit 30 may detect the magnitude of the pressure in the second section where the sensed pressure is greater than the first section. Specifically, the controller 30 may detect a pressure in the second section that exceeds the threshold value of the first section. In this case, as the magnitude of the sensed pressure exceeds the threshold value of the second section, the controller 30 may control the vibration of the vibration unit to be adjusted from the second intensity to the third intensity- pg. 4 ¶ 2). Further, Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input (“In the input unit 50, the total amount of ice cream weight to be scooped may be selected according to a user's input”- pg.4 ¶10).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to control the ultrasonic waves of Yoo modified with Allen to cause an ultrasonic percussion wave that resonates with and melts less than 1 mm of an adjacent outer layer of ice cream by routine optimization (see MPEP 2144.05.II). Yoo teaches that the total amount of ice cream weight to be scooped may be selected according to a user's input and that when more than necessary vibration is applied a larger amount of ice cream than desired is melted. Therefore, one of ordinary skill would be motivated to optimize the ultrasonic percussion wave intensity to resonate with and melt an adjacent outer layer of ice cream according to a user's input.
Regarding claim 14, Yoo modified with Halimi teaches the method as set forth in claim
13. However, Yoo fails to teach wherein the coupling the ultrasonic generation system further
comprises: coupling one or more ultrasonic transmitters to the bowl adjacent to at least a
portion of the outer rim which forms a leading edge of the bowl opposite from the handle.
In the same field of endeavor pertaining to ice cream scoops, Halimi teaches the heating
system further comprises on or more heating sources coupled to the bowl adjacent to at least a
portion of the outer rim which forms a leading edge of the bowl opposite from the handle (col 4 line 16-19). Coupling the heating means transmitters adjacent to at least a portion of the outer
rim allows the ice cream scooper to quickly cut through frozen ice cream while not damaging or
excessively melting it (col 5 line 18-25).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the ultrasonic generation system of Yoo modified
with Halimi further comprise one or more ultrasonic transmitters coupled to the bowl adjacent
to at least a portion of the outer rim which forms a leading edge of the bowl opposite from the
handle, as Halimi teaches for electronically controlled elements in a bowl portion of an ice
cream scoop, for the benefit of quickly cutting through frozen ice cream while not damaging or
excessively melting it. There would have been a reasonable expectation of success for the
ultrasonic generation system of Yoo to be placed in at least a portion of the bowl, since Baym
teaches in the art of utensils that various energy activation sources can be placed in a spoon’s
bowl. Baym considers an ultrasonic source, an electromagnetic source, a radio frequency
source, an infrared source, a near infrared source, or the like placed in the bowl of a spoon to
emit energy at various frequencies and intensities ([0051]). Therefore, one of ordinary skill has
a reasonable expectation of success to place the ultrasonic generation system of Yoo in at least
a portion of the bowl, since Halimi teaches electronically controlled elements are positioned in
a bowl portion of an ice cream scoop, and Baym teaches that an ultrasonic source or other
electronically controlled elements similar to that of Halimi can be placed in the spoon’s bowl.
Regarding claim 20, Yoo modified with Halimi teaches the method as set forth in claim
14. However, Yoo fails to teach wherein the coupling the one or more ultrasonic transmitters further comprises mounting the one or more ultrasonic transmitters on the outer surface of the
bowl.
In the same field of endeavor pertaining to ice cream scoops, Halimi teaches wherein
the one or more ultrasonic transmitters are mounted on the outer surface of the bowl (see
heated leading edge 328 in Figure 8 and Figure 9).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Halimi be mounted on the outer surface of the bowl, as Halimi teaches for
electronically controlled elements in a bowl portion of an ice cream scoop, for the benefit of
quickly cutting through frozen ice cream while not damaging or excessively melting it. There
would have been a reasonable expectation of success for the ultrasonic generation system of
Yoo to be placed in at least a portion of the bowl, since Baym teaches in the art of utensils that
various energy activation sources can be placed in a spoon’s bowl. Baym considers an ultrasonic
source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared
source, or the like placed in the bowl of a spoon to emit energy at various frequencies and
intensities ([0051]). Therefore, one of ordinary skill has a reasonable expectation of success to
place the ultrasonic generation system of Yoo in at least a portion of the bowl, since Halimi
teaches electronically controlled elements are positioned in a bowl portion of an ice cream
scoop, and Baym teaches that an ultrasonic source or other electronically controlled elements
similar to that of Halimi can be placed in the spoon’s bowl.
Claim(s) 4, 6, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (KR20210015444A- Machine translation provided herein), Allen et al. (USH000846H), and Baym et al. (US20140130358), and further in view Unictron “Langevin Piezoelectric transducers”
(https://www.unictron.com/piezoelectric-components/applications/langevin-piezoelectric-
transducers/).
Regarding claim 4, Yoo modified with Allen teaches the ice cream scooping system as
set forth in claim 2. However, Yoo fails to teach wherein the one or more ultrasonic
transmitters comprise one or more piezoelectric devices.
In the field reasonably pertinent to the problem of generating ultrasound frequencies from lead-free transducers at lower power consumptions, (“Langevin piezoelectric transducer is an “electrical-mechanical energy converter” that converts electrical signals into mechanical displacements. This transducer is usually used in many applications requiring vibration” and “Langevin piezoelectric transducer is used for… industrial ultrasound assembly equipment”), Unictron teaches wherein the one or more ultrasonic transmitters comprise one or more piezoelectric devices (“Langevin piezoelectric transducer is an “electrical-mechanical energy converter” that converts electrical signals into mechanical displacements. This transducer is usually used in many applications requiring vibration”). Langevin piezoelectric transducers generate ultrasound frequencies with high electromechanical conversion efficiency and low energy consumption (“Characteristic: - High electromechanical conversion efficiency- Low energy consumption and low heat generation”).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo modified with Allen comprise one or more piezoelectric devices, as taught by Unictron.
Piezoelectric devices have a known benefit of generating ultrasound frequencies with high
electromechanical conversion efficiency and low energy consumption.
Regarding claim 6, Yoo modified with Allen and Unictron, teaches the ice cream
scooping system as set forth in claim 4. However, Yoo fails to teach wherein the one or more
piezoelectric devices have a stepped-shape.
In the field reasonably pertinent to the problem of generating ultrasound frequencies from lead-free transducers at lower power consumptions, (“Langevin piezoelectric transducer is an “electrical-mechanical energy converter” that converts electrical signals into mechanical displacements. This transducer is usually used in many applications requiring vibration” and “Langevin piezoelectric transducer is used for… industrial ultrasound assembly equipment”), Unictron teaches wherein the one or more piezoelectric devices have a stepped-shape (see annotated Figure in the rejection of claim 6 in the Office Action mailed 10/10/2024). Langevin piezoelectric transducers generate ultrasound frequencies with high electromechanical conversion efficiency and low energy consumption (“Characteristic: - High electromechanical conversion efficiency- Low energy consumption and low heat generation”).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more lead-free piezoelectric devices of Yoo modified with Allen, Unictron, and Kynast have a stepped-shape, as taught by Unictron.
The stepped-shape Langevin piezoelectric transducers of Unictron generate ultrasound
frequencies with high electromechanical conversion efficiency and low energy consumption.
Regarding claim 16, Yoo modified with Allen teaches the method as set forth in claim
14. However, Yoo fails to teach wherein the one or more ultrasonic transmitters comprise one
or more piezoelectric devices.
In the field reasonably pertinent to the problem of generating ultrasound frequencies from lead-free transducers at lower power consumptions, (“Langevin piezoelectric transducer is an “electrical-mechanical energy converter” that converts electrical signals into mechanical displacements. This transducer is usually used in many applications requiring vibration” and “Langevin piezoelectric transducer is used for… industrial ultrasound assembly equipment”), Unictron teaches wherein the one or more ultrasonic transmitters comprise one or more piezoelectric devices (“Langevin piezoelectric transducer is an “electrical-mechanical energy converter” that converts electrical signals into mechanical displacements. This transducer is usually used in many applications requiring vibration”). Langevin piezoelectric transducers generate ultrasound frequencies with high electromechanical conversion efficiency and low energy consumption (“Characteristic: - High electromechanical conversion efficiency- Low energy consumption and low heat generation”).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more ultrasonic transmitters of Yoo
modified with Allen comprise one or more piezoelectric devices, as taught by Unictron.
Piezoelectric devices have a known benefit of generating ultrasound frequencies with high electromechanical conversion efficiency and low energy consumption.
Regarding claim 18, Yoo modified with Allen and Unictron teaches the method
as set forth in claim 16. However, Yoo fails to teach wherein the one or more lead-free
piezoelectric devices have a stepped-shape.
In the field reasonably pertinent to the problem of generating ultrasound frequencies from lead-free transducers at lower power consumptions, (“Langevin piezoelectric transducer is an “electrical-mechanical energy converter” that converts electrical signals into mechanical displacements. This transducer is usually used in many applications requiring vibration” and “Langevin piezoelectric transducer is used for… industrial ultrasound assembly equipment”), Unictron teaches wherein the one or more piezoelectric devices have a stepped-shape (see annotated Figure in the rejection of claim 6 above). Langevin piezoelectric transducers generate ultrasound frequencies with high electromechanical conversion efficiency and low energy consumption (“Characteristic: - High electromechanical conversion efficiency- Low energy consumption and low heat generation”).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more lead-free piezoelectric devices of
Yoo modified with Allen and Unictron have a stepped-shape, as taught by Unictron.
The stepped-shape Langevin piezoelectric transducers of Unictron generate ultrasound
frequencies with high electromechanical conversion efficiency and low energy consumption.
Claim(s) 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over
Yoo (KR20210015444A- Machine translation provided herein), Allen et al. (USH000846H), Baym et al. (US20140130358), and Unictron
“Langevin Piezoelectric transducers” (https://www.unictron.com/piezoelectric-
components/applications/langevin-piezoelectric-transducers/), and further in view of Kynast et
al. (WO2022233984).
Regarding claim 5, Yoo modified with Allen and Unictron teaches the ice cream scooping
system as set forth in claim 4. However, Yoo fails to teach wherein the one or more
piezoelectric devices are lead-free piezoelectric devices, and Unictron only teaches that the
piezoelectric components are made from ceramic materials.
In the field reasonably pertinent to the problem of generating ultrasound frequencies from lead-free transducers (“Examples of quality applications are power sound applications and
applications in resonance mode. These are in particular uses for ultrasonic transducers, in
particular >lMHz, for ultrasonic cleaning (typically kHz frequency range), material processing
(ultrasonic welding, bonding, drilling, etc.), material analysis, ultrasonic processors”- pg. 8 ¶11),
Kynast teaches lead-free piezoelectric devices for Langevin transducers (Abstract: “a lead-free
piezoceramic material” and “The present invention also relates to a piezoceramic component,
preferably in the form of Langevin transducers, rings, cylinders, disks, plates, cuboids, prisms,
spherical segments, hollow spherical segments, multilayer components, stacked actuators
based on the lead-free piezoceramic material described”). Lead is a toxic heavy metal, and lead-
free piezoelectrics are critical to avoid toxic metals interacting with ice cream that is to be scooped and consumed.
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more piezoelectric devices of Yoo
modified with Allen and Unictron be lead-free, as taught by Kynast, as one of ordinary skill
would be motivated to avoid the use of toxic metals in systems that interact with food that is to
be consumed by an individual.
Regarding claim 17, Yoo modified with Allen and Unictron teaches the method as set
forth in claim 16. However, Yoo fails to teach wherein the one or more piezoelectric devices are
lead- free piezoelectric devices, and Unictron only teaches that the piezoelectric components
are made from ceramic materials.
In the field reasonably pertinent to the problem of generating ultrasound frequencies from lead-free transducers (“Examples of quality applications are power sound applications and
applications in resonance mode. These are in particular uses for ultrasonic transducers, in
particular >lMHz, for ultrasonic cleaning (typically kHz frequency range), material processing
(ultrasonic welding, bonding, drilling, etc.), material analysis, ultrasonic processors”- pg. 8 ¶11),
Kynast teaches lead-free piezoelectric devices for Langevin transducers (Abstract: “a lead-free
piezoceramic material” and “The present invention also relates to a piezoceramic component,
preferably in the form of Langevin transducers, rings, cylinders, disks, plates, cuboids, prisms,
spherical segments, hollow spherical segments, multilayer components, stacked actuators
based on the lead-free piezoceramic material described”). Lead is a toxic heavy metal, and lead-
free piezoelectrics are critical to avoid toxic metals interacting with ice cream that is to be
scooped and consumed.
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the one or more piezoelectric devices of Yoo modified with Allen and Unictron be lead-free, as taught by Kynast, as one of ordinary skill
would be motivated to avoid the use of toxic metals in systems that interact with food that is to
be consumed by an individual.
Claim(s) 10, 12, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over
Yoo (KR20210015444A- Machine translation provided herein), Allen et al. (USH000846H), and Baym et al. (US20140130358), and further in view of Schneeweiss (DE4138710A1).
Regarding claim 10, Yoo modified with Allen teaches the ice cream scooping system as
set forth in claim 9. While Yoo fails to teach the ice cream scooping system further comprising a
charging station configured to detachably couple to and charge the power source, Yoo does
teach a rechargeable battery is used to power the ice cream scooping system, prompting one of
ordinary skill to look to related art of charging rechargeable batteries.
In the same field of endeavor pertaining to an ice cream scooping system, Schneeweiss
teaches the ice cream scooping system further comprising a charging station (charger 30; Figure
3) configured to detachably couple to and charge the power source (“portioning device 1 for
charging the battery 23 to a charger 30 is dockable”- pg. 5 ¶6). The charging station of
Schneeweiss allows for battery function monitoring and displays faults immediately
(“Functional monitoring of the battery and the electrical system motors also allows faults to be
displayed immediately and to be able to eliminate them at short notice”- pg. 3 ¶2).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the ice cream scooping system of Yoo modified
with Allen comprise a charging station configured to detachably couple to and charge the
power source, since Yoo teaches a rechargeable battery is used to power the ice cream
scooping system, and a charging station would be necessary to recharge the rechargeable
batteries such that the ice cream scooping system can be powered on. Further, Schneeweiss teaches charging stations have a known benefit of battery function monitoring that displays
faults immediately.
Regarding claim 12, Yoo modified with Allen and Schneeweiss teaches the ice cream
scooping system as set forth in claim 10. Further, Yoo teaches wherein the power source
comprises a rechargeable battery disposed in the handle (“a rechargeable battery may be
provided at the bottom of the body 20 to supply power to the vibration unit 22”- pg. 3 ¶8).
Regarding claim 22, Yoo modified with Allen teaches the method as set forth in claim
21. While Yoo fails to teach the ice cream scooping system further comprising a charging station
configured to detachably couple to and charge the power source, Yoo does teach a
rechargeable battery is used to power the ice cream scooping system, prompting one of
ordinary skill to look to related art of charging rechargeable batteries.
In the same field of endeavor pertaining to an ice cream scooping system, Schneeweiss
teaches the ice cream scooping system further comprising a charging station (charger 30; Figure
3) configured to detachably couple to and charge the power source (“portioning device 1 for
charging the battery 23 to a charger 30 is dockable”- pg. 5 ¶6). The charging station of
Schneeweiss allows for battery function monitoring and displays faults immediately
(“Functional monitoring of the battery and the electrical system motors also allows faults to be
displayed immediately and to be able to eliminate them at short notice”- pg. 3 ¶2).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the ice cream scooping system of Yoo modified
with Allen comprise a charging station configured to detachably couple to and charge the
power source, since Yoo teaches a rechargeable battery is used to power the ice cream scooping system, and a charging station would be necessary to recharge the rechargeable
batteries such that the ice cream scooping system can be powered on. Further, Schneeweiss
teaches charging stations have a known benefit of battery function monitoring that displays
faults immediately.
Regarding claim 24, Yoo modified with Allen and Schneeweiss teaches the method as
set forth in claim 22. Further, Yoo teaches wherein the power source comprises a rechargeable
battery disposed in the handle (“a rechargeable battery may be provided at the
bottom of the body 20 to supply power to the vibration unit 22”- pg. 3 ¶8).
Claim(s) 11 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo
(KR20210015444A- Machine translation provided herein), Allen et al. (USH000846H), Baym et al. (US20140130358), and Schneeweiss (DE4138710A1), and further in view of Shiga et al. (US5635813).
Regarding claim 11, Yoo modified with Allen and Schneeweiss teaches the ice cream
scooping system as set forth in claim 10. While Yoo teaches display unit 40 outputs information
related to battery life (“display unit 40 may output state information such as the remaining
amount of the battery of the ice scoop 100, the weight of the ice cream, and the ice cream
temperature”-pg.), Yoo fails to teach wherein the charging station further comprises a counting
device configured to maintain an updated count of each time the ice cream scooping device is
removed from the charging station.
In the field reasonably pertinent to the problem of battery management systems, Shiga
teaches a charging station further comprising a counting device configured to maintain
an updated count of each time the ice cream scooping device is removed from the charging system (col 15 line 57-col 16 line 4). A charge counter can indicate a battery’s life and inform a
user when the battery’s life is out once the charge counter reaches beyond a certain value (col
15 line 59-64).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the charging station of Yoo modified with Allen
and Schneeweiss further comprise a counting device, as taught by Shiga. A counting system has
a known benefit of monitoring a battery’s life and informing a user when the battery’s life is out
once the charge counter reaches beyond a certain value.
Regarding claim 23, Yoo modified with Allen and Schneeweiss teaches the method as
set forth in claim 22. While Yoo teaches display unit 40 outputs information related to battery
life (“display unit 40 may output state information such as the remaining amount of the battery
of the ice scoop 100, the weight of the ice cream, and the ice cream temperature”-pg.), Yoo
fails to teach wherein the charging station further comprises a counting device configured to
maintain an updated count of each time the ice cream scooping device is removed
from the charging station.
In the field reasonably pertinent to the problem of battery management systems, Shiga
teaches a charging station further comprising a counting device configured to maintain an
updated count of each time the ice cream scooping device is removed from the charging
system (col 15 line 57-col 16 line 4). A charge counter can indicate a battery’s life and inform a
user when the battery’s life is out once the charge counter reaches beyond a certain value (col
15 line 59-64).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the charging station of Yoo modified with Allen
and Schneeweiss further comprise a counting system, as taught by Shiga. A counting system has
a known benefit of monitoring a battery’s life and informing a user when the battery’s life is out
once the charge counter reaches beyond a certain value.
Response to Arguments
Applicant's arguments filed 10/09/2025 have been fully considered but they are not persuasive.
While Examiner agrees with Applicant that Baym fails to teach it generates ultrasonic waves that cause an ultrasonic percussion wave that resonates with and melts less than 1 mm of an adjacent outer layer of ice cream (see pg. 8-9 of Remarks), Examiner relies on the teachings of Yoo to establish that it would have been obvious to one of ordinary skill in the art to control the ultrasonic waves of Yoo modified with Allen to cause an ultrasonic percussion wave that resonates with and melts less than 1 mm of an adjacent outer layer of ice cream by routine optimization (see rejection of claims 1 and 13 above).
Regarding Applicant’s argument that Allen would not be considered for combination with Yoo, because the claimed invention teaches away from a heating element being placed into an ice cream scoop and that there is no teaching or suggestion in Yoo or Allen about an ultrasonic generation system without a heating element coupled to and in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle (see pg. 10 of Remarks), Examiner respectfully disagrees.
While Allen teaches a heating element in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle, Allen also addresses one of ordinary skill would be motivated to place the heating element in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle for the benefit of targeting the ice cream in its most highly frozen conditions such that it is easily dispensed and making the scoop easier to manipulate and handle by eliminating unnecessary weight and control.
Further, Baym teaches the activation source placed in the spoon’s bowl may be an ultrasonic source, an electromagnetic source, a radio frequency source, an infrared source, a near infrared source, or the like and that the electromagnetic source may emit energy in various spectrums and intensities ([0051]), which would suggest heaters which typically operate by an electromagnetic source. Therefore, in view of Baym’s teaching that various activation sources, including an ultrasonic source or one similar to that of Allen’s, can be placed in the spoon’s bowl in combination with Allen’s motivation for placing an activation source between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle, it would have been obvious to place the ultrasonic generation system of Yoo in at least a portion of the bowl between the inner and outer surfaces adjacent a leading edge of the bowl opposite from the handle adjacent a leading edge of the bowl opposite from the handle, to achieve the predictable result of melting a layer of ice cream as it is scooped by a scooping system (see rejection of claim and claim 13 above).
Regarding Applicant’s argument that there is no disclosure or suggestion in the Unictron website to any problem relating to scooping ice cream or for use of Unictron piezoelectric transducers in ice cream scoops (see pg. 12 of Remarks), Examiner respectfully disagrees.
First, regarding Applicant’s assertion that the citation to “Langevin Piezoelectric transducers” is just a website for Unictron, Examiner points to an attachment of the website page with relevant information that was mailed with an Office Action on 10/10/2024.
Further, Examiner notes that the "reasonably pertinent" test considers the problem faced by the inventor, as reflected - either explicitly or implicitly - in the specification (see MPEP 2141.01(a).I.). In [0027] of the specification, Applicant recites that lead-free piezoelectric materials are needed to avoid possible lead contamination of the food product being scooped out, and that lead-free piezoelectric transducers with lower power requirements would be desirable.
While Examiner agrees that the Langevin piezoelectric transducer of Unictron can be used for industrial ultrasound assembly equipment, Unictron teaches that the transducers can also be used for portable, handheld medical devices. Further Unictron teaches the transducers provide low energy consumption and low heat generation. Therefore, in light of the instant invention’s need for a lead-free transducer that avoids lead contamination with an end user at lower power requirements, one of ordinary skill would look to the transducers of Unictron, which may be used in a handheld setting to atomize medical devices at lower energy consumption and lower heat generation.
Conclusion
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/ARIELLA MACHNESS/ Examiner, Art Unit 1743