DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 5 is objected to because of the following informalities: The claim language lacks proper antecedent basis for the phrase “the air inlet guiding tube.” A preceding claim introduces “an air input guiding tube” but not “an air inlet guiding tube.” Appropriate correction is required.
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.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng, US Patent Application Publication No. 20110100230 A1 in view of Federle, US Patent Application No. 3354904 A, and in further view of Zhang, US Patent Application Publication No. US 20150097303 A1.
Claim 1. Cheng discloses a milk frother comprising (Cheng, Abstract “A device for heating and/or frothing milk”):
a frother including a first chamber, wherein the first chamber includes (Cheng, Fig. 3 [0031] “a chamber 7 for mixing the milk with the steam and optionally with air drawn from outside” corresponding to claimed first chamber.)
a first inlet, a second inlet, a third inlet, and a first outlet, wherein an air input guiding tube protrudes outwards from a location of the second inlet and includes (Cheng, Fig. 3, [0040] “a cylindrical portion 7a, which is formed inside the tubular body 2 and is hollow and coaxial with respect to the Venturi tube” where cylindrical portion 7a corresponds to claimed first inlet; [0034] “Moreover, the device 1 comprises at least one duct 11 for supplying air from the outside environment, which has an intake port 12 adapted to be connected to the outside environment and an air input port 13 which leads into the mixing chamber 7” where intake port 12 corresponds to claimed second inlet where duct 11 protrudes outward from; [0032] “The device 1 further comprises at least one milk supply duct 8, which has a drawing port 9 which can be associated with a milk reservoir, not shown, and a milk input port 10, which leads into the mixing chamber 7” where the milk input port 10 corresponds to claimed third inlet; and [0028] “a discharge end 6” corresponding to claimed first outlet.)
a second chamber in a central portion thereof, and wherein the second chamber includes (Cheng, Fig. 3 duct 11 is shown to have a chamber.)
an air inlet in an end thereof opposite to the second inlet; (Cheng, Fig. 3 shows intake port 12 opposite of air input port 13.)
a steam coupling head received in the first inlet of the frother and configured to introduce high pressure steam into the first chamber; (Cheng, [0071] The device 1 is applied to any machine for making hot beverages which has a high-temperature steam source; this application is facilitated by the coupling or insertion means provided at the end of the nozzle 18. To generate the disclosed high-temperature steam, the system must necessarily and inherently operate at a correspondingly high pressure and is therefore also configured to introduce high pressure steam into the system via nozzle 18.)
an output device coupled with the first outlet of the frother, wherein the output device includes (Cheng, Fig. 3 shows dispenser 14 corresponding to claimed output device, coupling with discharge end 6)
a connecting tube and an output tube, wherein an end of the connecting tube is coupled with the first outlet of the first chamber, wherein a central portion of the connecting tube includes (Cheng, Fig. 3 shows tubular internal cavity 20 corresponding to claimed connecting tube and outflow channel 21 corresponding to claimed output tube. The end of the tubular internal cavity 20 couples with the discharge end of the of chamber 7.)
a mixing groove, wherein a second outlet is disposed on a side of the mixing groove, and wherein the output tube intercommunicates with the second outlet; and (Cheng, Fig. 3 [0078] “The milk and the air mix with the steam, forming foam. The milk thus frothed and heated passes through the compaction chamber 15, where it compacts again, to be then dispensed through the outflow channel 21 of the dispenser 14” where compaction chamber 15 corresponds with claimed mixing groove.)
Cheng does not explicitly disclose an adjusting device including an adjusting rod, an adjusting valve that is pivotably connected to the air input guiding tube and extends perpendicularly to the air input guiding tube, or a fourth inlet aligned with the second inlet wherein the adjusting valve is disposed in the second chamber.
Zhang discloses an adjusting device including (Zhang, (7) “a foaming gas control valve 3”)
an adjusting rod, (Zhang, Fig. 2 shows the control rod 31)
an adjusting valve, wherein the adjusting rod is pivotably connected to the air input guiding tube and extends perpendicularly to the air input guiding tube, (Zhang, (16) “The foaming gas control valve 3 includes a control rod 31 extending through the flow control passage 231, and a knob 32 mounted to an end of the control rod 31 that is distal from the foaming gas entering section 22. A user can hold the knob 32 to move th1e foaming gas control valve 3 for controlling a flow amount of the foaming gas flowing into the foaming gas inlet passage 121”; and Fig. 2 shows the foaming gas control valve 3 perpendicular to the foaming gas supply unit 2.)
a fourth inlet aligned with the second inlet, wherein the adjusting valve is disposed in the second chamber and includes (Zhang, Fig. 3 shows a gas entering passage 221 has a top and bottom inlet corresponding to the claimed fourth and second inlet respectively; Fig. 2 shows the foaming gas control valve 3 disposed in the chamber of the flow control section 23.)
Cheng and Zhang are analogous art because they both relate to milk frothing devices. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the tap 23 disclosed by Cheng with the specific tap disclosed by Zhang comprising an adjusting device, adjusting rod, and adjusting valve oriented perpendicularly from and pivotably connected to the air input guiding tube, as Cheng explicitly teaches the tap “could be replaced by any suitable air regulator or electrovalve” (see Cheng, [0058]). In this case, using the known regulator of Zheng would amount to a simple substitution of art recognized air regulators performing the same function of regulating air flow into a frother and the result of the substitution would have been predictable. (See MPEP 2144.06-11).
Modified Cheng does not disclose a pad, wherein the pad is disposed on a bottom face of the second chamber and includes a spherical face on an outer side thereof, wherein the adjusting valve is operatively coupled with an adjusting rod, and where in a portion of the spherical face sealingly abuts a surface of the pad, wherein the spherical face of the adjusting valve includes, an air inlet groove aligned with the fourth inlet and a rotating direction of the adjusting rod, and wherein the air inlet groove has decreasing widths.
Federle discloses a pad, and (Federle, Fig. 2 and 3 shows a sealing ring 3 and 4. The examiner is construing the sealing ring as teaching the claimed pad. Although the claim discloses a pad, a person of ordinary skill in the art would have recognized the interchangeability of the sealing ring 3 and 4 shown in the prior art for the corresponding pad disclosed in the specification (see MPEP 2183 (B)).)
wherein the pad is disposed on a bottom face of the second chamber and includes (Federle, Fig. 1 shows a sealing ring 4 disposed on the face of the chamber against the inlet of insert member 6; and Column 2, line 21 “The sealing edge of ring 4 is very finely machined and, in cooperation with notch 13, brings about the fine metering.”)
a spherical face on an outer side thereof, wherein the adjusting valve is operatively coupled with the adjusting rod, (Federle, Fig. 2 the ball 2 corresponding to the claimed adjusting valve has a groove 7 therein engaged by a wedge-shaped end of a shank 9 corresponding to the claimed adjusting rod.)
wherein a portion of the spherical face sealingly abuts a surface of the pad, wherein the spherical face of the adjusting valve includes (Federle, Column 2, Line 2 “Arranged between said sealing rings 3 and 4 and centered therebetween is a ball 2…”)
an air inlet groove aligned with the fourth inlet and a rotating direction of the adjusting rod, and wherein the air inlet groove has decreasing widths. (Federle, Column 2, Line 12 “The equatorial peripheral portion of ball 2 is provided with a notch 13, which is so designed that its cross-section increases from zero to a maximum value…. The sealing edge of ring 4 is very finely machined and, in cooperation with notch 13, brings about the fine metering.”)
Cheng, Zhang and Federle are analogous art because they relate to components for controlling air and fluid commonly found in milk frothing devices. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the milk frothing device as taught by a combination of Cheng and Zhang by adding a pad or sealing ring abutting the surface of a spherical valve such as a ball valve in order to center or hold a ball valve and enable fine control of airflow in conjunction with the groove on the ball valve as taught by Federle (see Federle, (17)). Although Federle teaches a sealing ring 4 on a side face of the chamber housing the ball 2, the purpose of the pad or a sealing ring is to make the inlet airtight. One of ordinary skill in the art would have been motivated to place the corresponding sealing pad on any face chosen to become an inlet in order for the pad to perform its intended function and the differing location of the inlet is a routine and predictable variation in design. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 2. Modified Cheng discloses the milk frother as claimed in claim 1.
Federle discloses wherein the pad includes a semi-semispherical groove (Federle, Fig. 1 shows a sealing ring 4 disposed on the face of the chamber against the inlet of insert member 6; and Column 2, line 21 “The sealing edge of ring 4 is very finely machined and, in cooperation with notch 13, brings about the fine metering.”)
which surrounds the fourth inlet, faces the air inlet, and sealingly abuts a portion of the spherical face of the adjusting valve. (Federle, Fig. 3 and 4 shows seal 3 surrounds the inlet of insert member 5, and faces the inlet of insert member 6 and sealingly abuts a portion of the ball 2.)
Although Federle does not explicitly disclose the sealing ring having a semi-spherical groove, it would have been obvious to one of ordinary skill in the art to configure the sealing ring with a semi-spherical groove in order to provide a more stable and effective seat against the spherical surface of the ball valve. Such a modification has been held a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention was significant. In re Dailey, 149 USPQ 47.
Claim 3. Modified Cheng discloses the milk frother as claimed in claim 1.
Federle discloses wherein the pad is made of a material softer than the adjusting valve and is disposed between the bottom face of the second chamber and the adjusting valve. (Federle, Column 2, Line 23, For purposes of improving the sliding properties and reducing the wear, the sealing rings 3 and 4 may consist of polytetrafluorethylene or polyfluorhydrocarbon.”)
Claim 4. Modified Cheng discloses the milk frother as claimed in claim 1.
Federle discloses wherein the pad has a diameter approximately corresponding to a diameter of the second chamber. (Federle, Fig. 3 shows sealing ring 3 approximately corresponding to the diameter of a chamber.)
Claim 5. Modified Cheng discloses the milk frother as claimed in claim 1.
Zhang discloses wherein a pivotal peg and a coupling hole are disposed on opposite walls of the air inlet guiding tube and disposed in a direction perpendicular to the air inlet, wherein the pivotal peg includes a pivotal groove, and wherein an end of the adjusting rod extends through the pivotal groove of the air input guiding tube and is pivotably coupled with the coupling hole. (Zhang, Fig. 2 and 3 shows flow control section 23 where the structure that defines the flow control passage 231 corresponds to the claimed pivotal peg, and the gas inlet 232 corresponds to the coupling hole. They are shown to be disposed on opposite walls of the air inlet guiding tube, perpendicular to the inlet; Fig. 1 shows a pivotal groove on flow control section 23 that allows the adjusting rod to extend through the peg; and Fig 2 and 3 show the adjusting rod is pivotably coupled with the gas inlet 232.)
Claim 6. Modified Cheng discloses the milk frother as claimed in claim 1.
Zhang discloses wherein the adjusting device further includes a knob disposed on an end of the adjusting rod, and wherein the knob has a protrusive mark. (Zhang, (16) “a knob 32 mounted to an end of the control rod 31”; Fig. 1 shows the knob 32 having a protrusive mark.)
Claim 7. Modified Cheng discloses the milk frother as claimed in claim 1.
Zhang discloses wherein a conic groove is disposed on a wall of the first chamber corresponding to the first outlet and has decreasing diameters towards the first outlet. (Zhang, Fig. 3 shows mixing chamber 16 has a downstream section 163 corresponding to the claimed conic groove in a chamber corresponding to the foaming chamber 131 corresponding to the claimed first outlet.)
Claim 8. Modified Cheng discloses the milk frother as claimed in claim 7.
Zhang discloses wherein the first inlet, the first outlet, the conic groove, and the mixing groove are axially aligned. (Zhang, Fig. 3 shows the foaming gas inlet passage 121, the foaming chamber 131, the downstream section 163, and the foamed milk dispensing passage 83 which correspond to the claimed first inlet, first outlet, conic groove and mixing groove respectively, are axially aligned.)
Claim 9. Modified Cheng discloses the milk frother as claimed in claim 1.
Modified Cheng discloses wherein an airtight ring is disposed around the connecting tube and is in sealing contact with an inner periphery of the first chamber. (Cheng, Fig. 3 shows sealing rings 19 fitted between the grooves around nozzle 18, which serves as a connecting tube fitted into mixing chamber 7.)
While Cheng does not explicitly teach an airtight ring around the connecting tube in sealing contact with an inner periphery of the disclosed discharge end 6 corresponding to the claimed first chamber, Cheng teaches the use of sealing rings 19 and 25 to provide fluid, tight connections that prevent leakage and maintain pressure throughout the device. While Fig. 3 shows sealing rings 19 sealing the connection between nozzle 18 and mixing chamber 7, their function is identical to the claimed airtight ring around the connecting tube in sealing contact with an inner periphery of the first chamber. The sealing ring 19 provides an airtight seal to contain the high-pressure steam during the device’s intended use. An insufficient seal would otherwise cause high temperature steam to escape prior to exiting the nozzle which would impede the frother from functioning as intended.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the junction between the compaction chamber 15, corresponding with the connecting tube, and the discharge end 6, corresponding with the inner periphery of the first chamber, by applying a known sealing element already used elsewhere in the device in order to achieve the same predictable result of minimizing fluid leakage and maintaining pressure and fluid flow through the device, further improving the connection between the connecting tube and the inner periphery of the first chamber.
Claim 10. Modified Cheng discloses the milk frother as claimed in claim 1.
Zhang discloses wherein the second outlet is located on a side of the mixing groove remote from the frother. (Zhang, Fig. 2 shows a constricted passage 84 corresponding to the claimed second outlet located on a side of the foamed milk dispensing package 83 corresponding to the claimed mixing groove, which is remote from the frother.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guo, Jian Gang, et al., CN204520336U, related to the design of milk frothers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTENE NHELLE B MACEDA whose telephone number is (571)272-2380. The examiner can normally be reached M-Th 7:30a-5:00p.
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/K.B.M./
Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761