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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claim 1-13) in the reply filed on 01/19/2026 is acknowledged.
Claims 14-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/19/2026.
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 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Shapiro et al. (US 2018/0027840 A1).
Regarding claim 1, Shapiro et al. discloses “a device” (abstract, i.e., the device comprising an outer shell with a closeable opening, a closeable inner shell. Figs.1-4) “for making ice cream” (intended use. abstract, i.e., making ice cream), comprising:
“a sealed inner shell” (fig.1, 150. [0002], i.e., One or more inner shells or containers are filled, or partially filled, with an ice cream mixture (usually based on cream, milk, and sugar), and then sealed) containing ice cream mixture; and
“a sealed outer shell” (fig.1, 110. [0002], i.e., The outer shell is sealed.) “containing the sealed inner shell” ([0017], i.e., inner shell 150 is at least partially filled with an ice cream mixture 160, sealed, and placed inside outer shell 110), “ice, and salt” ([0002], i.e., an outer shell is filled with ice and salt).
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) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. (US 2018/0027840 A1) in view of Passavia (US 2014/0226920).
Regarding claim 2, Shapiro et al. discloses all the features of claim limitation as set forth above except for a bag containing the sealed outer shell.
Passavia teaches “a bag
Regarding claim 3, modified Shapiro et al. discloses “the bag is insulated” (Passavia, i.e., fig.2A and Fig.2B shows the insulation 15. Abstract, i.e., when the zipper is closed the bag the sealed compartments overlap to form a double layer of thick foam cell insulation surrounding the interior of the bag).
Regarding claim 4, modified Shapiro et al. discloses “the bag is closeable by a closing mechanism” (Passavia, i.e., fig.2A and Fig.2B shows the insulation 15. Abstract, i.e., when the zipper is closed the bag the sealed compartments overlap to form a double layer of thick foam cell insulation surrounding the interior of the bag).
Regarding claim 5, modified Shapiro et al. discloses “the closing mechanism is a zipper” (Passavia, i.e., fig.2A and Fig.2B shows the insulation 15. Abstract, i.e., when the zipper is closed the bag the sealed compartments overlap to form a double layer of thick foam cell insulation surrounding the interior of the bag).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. (US 2018/0027840 A1) in view of Graffeo et al. (US 9,877,613).
Regarding claim 6, modified Shapiro et al. discloses all the features of claim limitations as set forth above except for the inner shell is made at least in part from silicone.
Graffeo et al. teaches “the inner shell is made at least in part from silicone” (col.4 at lines 14-16, i.e., Handle member 7, like outer shell and inner shell 3, may be manufactured using a variety of materials, including polypropylene or silicone). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Shapiro et al. with Graffeo et al., by substituting Shapiro et al.’s outer shell material (i.e., [0051], i.e., flexible such that the shape changes) with Graffero et al.’s silicon, to provide durable, elastic and maintain it pliability across extreme hot and cold temperature for food storage (abstract) as taught by Graffeo et al.
Regarding claim 7, modified Shapiro et al. discloses “the outer shell is made at least in part from silicone” (Graffeo et al., col.4 at lines 14-16, i.e., Handle member 7, like outer shell and inner shell 3, may be manufactured using a variety of materials, including polypropylene or silicone).
Regarding claim 8, modified Shapiro et al. discloses “the inner shell is made at least in part from silicone; and the outer shell is made at least in part from silicone” (Graffeo et al., col.4 at lines 14-16, i.e., Handle member 7, like outer shell and inner shell 3, may be manufactured using a variety of materials, including polypropylene or silicone).
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. (US 2018/0027840 A1) in view of Balk et al. (US 2018/0368463).
Regarding claim 9, modified Shapiro et al. discloses all the features of claim limitations as set forth except for a tumbling machine containing the sealed outer shell.
Balk et al. teaches “a tumbling machine containing a bag the bag 105 can be placed in the tumbling machine 103). Shapiro teaches the container having the sealed outer shell. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Shapiro et al. with Graffeo et al., by adding Balk et al.’s tumbling machine and bag for tumbling Shapiro et al.’s sealed outer shell in Balk et al.’s bag, to provide fast, labor free alternative to manual head shaking for making ice-cream.
Regarding claim 10, modified Shapiro et al. discloses “the tumbling machine is a dryer” (Balk et al., [0031], i.e., a commercial grade tumbling dryer).
Regarding claim 11, modified Shapiro et al. discloses “a tumbling machine containing the bag” (Balk et al. teaches bag 105 can be placed in the tumbling machine 103).
Regarding claim 12, modified Shapiro et al. discloses “the tumbling machine is a dryer” (Balk et al., [0031], i.e., a commercial grade tumbling dryer).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. (US 2018/0027840 A1) in view of Passavia (US 2014/0226920), Balk et al. (US 2018/0368463) and Graffeo et al. (US 9,877,613).
Regarding claim 13, modified Shapiro et al. discloses “the bag is closeable by a zipper” (Passavia, i.e., fig.2A and Fig.2B shows the insulation 15. Abstract, i.e., when the zipper is closed the bag the sealed compartments overlap to form a double layer of thick foam cell insulation surrounding the interior of the bag); “the outer shell and the inner shell” (Shapiro et al., fig.1, 110 and fig.1, 150).
Modified Shapiro et al. is silent regarding a dryer containing the bag; the material of outer shell and inner shell is made from silicone.
Balk et al. teaches “a tumbling machine containing a bag” (the bag 105 can be placed in the tumbling machine 103). Shapiro teaches the container having the sealed outer shell. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Shapiro et al. with Graffeo et al., by adding Balk et al.’s tumbling machine and bag for tumbling Shapiro et al.’s sealed outer shell in Balk et al.’s bag, to provide fast, labor free alternative to manual head shaking for making ice-cream.
Graffeo et al. teaches “the inner shell is made from silicone and outer shell is made from silicone” (col.4 at lines 14-16, i.e., Handle member 7, like outer shell and inner shell 3, may be manufactured using a variety of materials, including polypropylene or silicone). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Shapiro et al. with Graffeo et al., by substituting Shapiro et al.’s outer shell material (i.e., [0051], i.e., flexible such that the shape changes) with Graffero et al.’s silicon, to provide durable, elastic and maintain it pliability across extreme hot and cold temperature for food storage (abstract) as taught by Graffeo et al.
Examiner’s Remark
The miscellaneous incoming letter filed on 02/03/2026 is considered. Examiner agreed that the claim filed on January 19, 2026 were inadvertently included incorrect claims. The most recent filed claim on 02/03/2026 will be examined.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761