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 claims 1-15 in the reply filed on 10/17/2025 is acknowledged.
Claims 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/17/2025.
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) 1-2, 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collins (US 2018/0064281).
A machine for processing liquid or semi-liquid food products (See Figs 2-7), comprising:
a container for processing liquid or semi-liquid food products and provided with walls and an outlet (container 105 processes liquid or semi-liquid food with walls and the top opening is considered the outlet);
a stirrer ("FM 110 or 602" "food manipulator", See Paragraphs [0015] and [0109]), made at least partly from ferromagnetic material (As the FM is moved via an electromagnetic force, it must be made from a ferromagnetic material See Paragraphs [0015] and [0109]) and disposed inside the processing container, the stirrer rotating about a mixing axis to mix the product to be dispensed (Figs 2-8 show the stirrer rotating around an axis for mixing the product);
an actuator (ADU 115) connected to the stirrer to set the stirrer in rotation about the mixing axis (see Paragraph [0109], fig. 8 FM 602 is also shown in an inductive stirring configuration where the cooking receptacle 105 does not contain a pierced bottom to allow direct attachment of the SSFM 602 to the ADU 115. In this case, the ADU 115 is inductively coupled to the FM 602 and turns it without the FM 602 mechanical attachment to the drive unit". "ADU" is the "appliance drive unit", See Paragraph [0015] and fig. 2)
the machine being characterized in that it comprises an induction element comprising one or more wound conductors for generating a magnetic field when an electric current flows through them, (an electromagnet is known to comprise one or more wires wound into a coil; "work coil" is also mentioned: last line of left-hand column of par. [0109]) for generating a magnetic field when an electric current flows through them (See [0109]: "The FM 602 with an inductive heating component comprises of an electromagnet, and an electronic oscillator that passes a high-frequency alternating current (AC) through the electromagnet. The rapidly alternating magnetic field penetrates the FM 602, generating electric currents called eddy currents in the FM 602. The eddy currents flowing through the resistance of the FM 602 and heat it by Joule heating)
the induction element being disposed outside the processing container so that the magnetic field generated passes through at least part of the walls of the processing container to reach the stirrer and causes heating by magnetic induction. (This is considered implicit in that the above-said electromagnet also comprises an electronic oscillator. These cannot be placed inside the processing container) so that the magnetic field (M) generated passes through at least part of the walls of the processing container (the bottom wall of the container 105) to reach the stirrer (FM 602) and causes heating by magnetic induction (as mentioned above. Also, Paragraph [0109] "An important feature of the induction heating process is that the heat is generated inside the FM 602 itself, instead of by an external heat source via heat conduction. Thus, FM 602 or cooking receptacle 105 can be heated very rapidly or uniformly").
Regarding claim 2, Figs 2-7 show the mixing axis being vertical and the induction element being 114 being disposed on the bottom. Regarding claim 7, Fig 8 shows the induction element 114 being a plate. Regarding claim 8, The ADU 115 is controlled by a controller circuit 117 which directs the speed, pattern, movement and force application of the FM 110 via changing the speed, direction and force commands given to the FM 110 by a user’s input, thus controlling the cooking power.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-6, 9, 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US 2018/0064281) in view of Cocchi et al (US 2017/0332659).
The teachings of Collins have been discussed above. Collins fails to discloses, regarding claim 3, the mixing axis is horizontal and the induction element is disposed outside a rear of the processing container, opposite the outlet. The only change to Collins is the orientation of the device. Rotation of Collins 90 degrees would result in the horizontal axis. Cocchi discloses a stirring mechanism 5 having a horizontal axis. The drive mechanism is located at the back, opposite the outlet. (See Fig 2) It would have been obvious to a person having ordinary skill in the art, at the time of the invention, to provide the horizontal stirring axis for dispensing the elements of the container through the outlet.
Regarding claims 4-6, Collins discloses the ferromagnetic material, such as iron but fails to disclose the second portion made from a different material. It would have been obvious to provide the second material such as a silicone coating for scraping the side of the container, as this is a common material used in stirring element in a mixer, and the austenitic coating since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 9, Collins fails to specifically disclose electrical power regulating unit comprises an inverter configured to regulate a frequency of the electrical voltage to the conductors as a function of the commands received from the control unit. However, Collins discloses a converter for increasing or decreasing the speed and force of the FM 110. This would involve regulating the frequency of the voltage. The frequency and voltage supplied would either increase or decease the speed/force provided. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to provide an inverter configured to regulate a frequency of the electrical voltage to the conductors as a function of the commands received from the control unit as an inverter is an alternative way to preform this function to regulate the speed/force or the stirrer.
Regarding claims 11-13, the power would be supplied at a constant voltage. There are a plurality of power levels for operating at different speeds, with the highest speed being considered a boost mode. (See Paragraphs [0088]-[0097]) Regarding claim 14 the user is able select a speed/force/power level. (See Paragraph [0020])
Regarding claim 15, Collins fails to disclose the refrigeration system comprising a compressor, evaporator throttle element, condenser, in that order. However, Cocchi discloses a compressor 11, evaporator 4, throttling element 12 and condenser 15. (See Paragraphs [0074]-[0077]) The order starts at compressor 11, through line 7, to coil 4, to throttle 12 and then condenser 15 before going back to the compressor 11. (See Fig 1). It would have been obvious to adapt Collins in view of Cocchi to provide the refrigeration system comprising a compressor, evaporator throttle element, condenser, in that order for heating or cooling the processing chamber as desired.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collins (US 2018/0064281) in view of Cocchi et al (US 2017/0332659) and Joao et al (US 2015/0342413).
The teachings of Collins have been discussed above. Collins fails to disclose the power regulating unit comprises an ac to dc voltage conversion module that is connected to the input of the inverter to supply dc voltage thereto.
Joao discloses the electric motor can also be either an AC motor or a DC motor and the apparatus can be equipped with any DC-AC conversion circuitry or equipment or AC-DC conversion circuitry or equipment in order to facilitate use of the apparatus with any type or kind of motor and any available power source. (See Paragraph [0015]). It would have been obvious to a person having ordinary skill in the art at the time of the invention to adapt Collins in view of Joao to provide the power regulating unit comprises an ac to dc voltage conversion module that is connected to the input of the inverter to supply dc voltage thereto for facilitating the use of the apparatus with any type or kind of motor and any available power source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761