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 .
Priority
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 9, 10, 11, 12, 13, 14, 17, 18 and 19 are rejected under 35 U.S.C. 102(a)(2) / (a)(2) as being anticipated by Yudong (CN203970140). An English machine translation of Yudong (CN203970140) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Yudong teaches a milk frothing device (Figs 1-4, spout housing 1, 0040; 0014, a rotating mixing zone for the mixture of steam, milk, and air to swirl and mix) intended to cooperate with an automatic coffee machine (Fig 1, coffee machine, 0040), the milk frothing device comprising: a mixing part (Figs 3-10, base 8, 0041) comprising a mixing chamber (rotating mixing zone 10, 0042) provided with an outlet orifice (outlet 12, 0040), a hot water/vapor inlet orifice (Figs 8, 9, steam supply channel 13, 0040) and a main flow conduit (ejector port 17, 0043) connecting the hot water/vapor inlet orifice (13) to the mixing chamber (10); a closure part movable (Figs 7-10, upper cover 9, 0042) relative to the mixing part (8) between a closed position in which the closure part closes the mixing chamber and the main flow conduit and an open position in which the mixing chamber and the main flow conduit are open and accessible for cleaning (0041, spout housing 1 is formed by a detachable connection between the base 8 and the top cover 9); a milk supply conduit (Fig 8, milk supply channel 14, 0040) connected to the main flow conduit (17), an air supply conduit (air intake channel 15, 0040) connected to the main flow conduit (17); and a seal (Figs 3, 8-10, sealing ring 4c, similar to sealing rings 4a, 4b, 0044) arranged at a junction area between the mixing part and the closure part and extending around the mixing chamber and the main flow conduit (see figures 8, 9), the air supply conduit comprises a calibrated air passage configured to define a maximum air flow (Figs 7-10, auxiliary channel 62, auxiliary hole 63, lever portion 65, 0044, 0045) in the air supply conduit which is independent of the seal.
With respect to the limitations of claims 9, 10, 11, 12, 13, 14, 17 and 18, Yudong teaches the junction area is planar (Figs 8, 9, flat, planar area of upper cover 9 at sealing ring 4c);
the mixing part (base 8) includes the milk supply conduit (Figs 7, 8, milk supply channel 14);
the milk supply conduit comprises a calibrated flow passage configured to define a predetermined milk flow rate (Fig 8, milk supply channel 14, 0045) in the milk supply conduit;
the main flow conduit includes a section restriction (ejector port 17) forming a milk and air suction system based on the Venturi effect;
the seal has a constant cross-section (sealing ring 4c);
the mixing chamber is of the cyclonic type and extends vertically (rotating mixing zone 10), the main flow conduit opening (17) in an upper part of the mixing chamber and the outlet orifice (outlet 12) being located in a lower part of the mixing chamber.
comprises a holding system configured to hold (Figs 4, 5, flip cover 31, locking foot 35, 0048) the closure part (upper cover 9) in the closed position;
the holding system is configured to ensure compression (31, 35) of the seal (4c) when the closure part (9) is in the closing position.
With respect to the limitations of claim 19, Yudong teaches an automatic coffee machine including a hot water/vapor outlet nozzle (0016, steam is ejected from the steam pipe connector), a boiler producing hot water and/or vapor to supply (steam production requires a boiler) said hot water/vapor outlet nozzle, and a milk frothing device according to claim 1 (as set forth in view of the rejection of claim 1), the hot water/vapor inlet orifice of the milk frothing device being connected to the hot water/vapor outlet nozzle (0016).
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 2-8, 15, 16 and 19 are rejected under 35 U.S.C. 103 as being obvious over Yudong (CN203970140) in view of De’Longhi (DE 2020009014114). An English machine translation of De’Longhi (DE 2020009014114) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claims 2, 3, 4, 5, 6, 7 and 8, Yudong discloses the claimed invention except for further comprising an air flow rate adjustment device configured to adjust an air flow flowing in the air supply conduit; the calibrated air passage is located downstream of the air flow rate adjustment device; the air flow rate adjustment device includes: a flow rate adjustment member movably mounted in a displacement direction and configured to occupy a plurality of adjustment positions offset from each other in the displacement direction; and a sealing element partly delimiting an air flow passage having a flow cross section which varies according to the position occupied by the flow rate adjustment member; the air flow rate adjustment device includes at least one air intake opening, the air flow passage being configured to fluidically connect the at least one air intake opening to the calibrated air passage; the air flow rate adjustment device includes a support part fixed to the closure part, and configured to support the flow rate adjustment member, the flow rate adjustment member being movably mounted relative to the support part; the support part includes an insertion hole, and the air flow rate adjustment device further includes a passage restriction member housed at least partly in the insertion hole, the insertion hole and the passage restriction member delimiting the calibrated air passage; the closure part includes the air supply conduit.
However, De’Longhi discloses further comprising an air flow rate adjustment device (Figs 1-4, regulatory means 10, 0006) configured to adjust an air flow flowing in the air supply conduit (air inlet duct 11, 0006);
the calibrated air passage (Fig 3, canal 31, claim 14) is located downstream of the air flow rate adjustment device (10);
the air flow rate adjustment device includes: a flow rate adjustment member movably mounted (Figs 2-4, shaft 8, button 24, 0008, 0009) in a displacement direction and configured to occupy a plurality of adjustment positions offset from each other in the displacement direction; and a sealing element partly delimiting an air flow passage having a flow cross section which varies (O-ring 42, 0008) according to the position occupied by the flow rate adjustment member;
the air flow rate adjustment device includes at least one air intake opening (inlet of opening 6, 0006), the air flow passage being configured to fluidically connect the at least one air intake opening to the calibrated air passage (31);
the air flow rate adjustment device includes a support part fixed to the closure part, and configured to support (connecting means 21, seat 23, 0009) the flow rate adjustment member (8, 24), the flow rate adjustment member being movably mounted relative to the support part;
the support part includes an insertion hole (hole of sleeve 9, 0008), and the air flow rate adjustment device further includes a passage restriction member (seal 25, 0010) housed at least partly in the insertion hole, the insertion hole and the passage restriction member delimiting the calibrated air passage (31); the closure part includes the air supply conduit (see figures 1-3) is known in the art.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the milk frothing device of Yudong having a calibrated air passage silent to a flow rate adjustment member with the recited flow rate adjustment member of De’Longhi for the purpose of providing a known regulating means connected to a pivoting shaft for controlling the flow rate of air flowing through the air inlet channel (Abstract, Claim 1) to control characteristics of the milk frothing and improve ease of cleaning (0004).
With respect to the limitations of claims 15 and 16, Yudong discloses the claimed invention except for further comprising a milk reservoir comprising an upper opening, the mixing part being arranged at the upper opening; the mixing part and the closure part are configured to close the milk reservoir and to be removable with respect to the milk reservoir.
However, De’Longhi discloses further comprising a milk reservoir comprising an upper opening (Figs 1, 2, milk container 16 having top opening, 0007), the mixing part being arranged at the upper opening (Venturi Canal 29, 0007); the mixing part (29) and the closure part are configured to close (lid structure 35, 0007) the milk reservoir (16) and to be removable with respect to the milk reservoir is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the milk frothing device of Yudong having a mixing part in connection with a milk reservoir silent to the recited location with the further comprising a milk reservoir comprising an upper opening, the mixing part being arranged at the upper opening; the mixing part and the closure part are configured to close the milk reservoir and to be removable with respect to the milk reservoir of De’Longhi for the purpose of locating the mixing part in a known location that is close to a milk reservoir that allows for improved convenience of a user.
With respect to the limitations of claim 19, Yudong teaches a milk frothing device according to claim 1 as set forth in the rejection of claim 1 above. Yudong discloses the claimed invention except for explicitly showing an automatic coffee machine including a hot water/vapor outlet nozzle, a boiler producing hot water and/or vapor to supply said hot water/vapor outlet nozzle, and a milk frothing device, the hot water/vapor inlet orifice of the milk frothing device being connected to the hot water/vapor outlet nozzle. However, De’Longhi discloses an automatic coffee machine including a hot water/vapor outlet nozzle (steam distributer 18, 0007; second opening 5 for entry of steam, 0006), a boiler producing hot water and/or vapor to supply (steam production requires a boiler) said hot water/vapor outlet nozzle, and a milk frothing device (0004, milk frothing), the hot water/vapor inlet orifice of the milk frothing device being connected to the hot water/vapor outlet nozzle (0007, second opening 5 is for a detachable connection to a distributor 18) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the milk frothing device of Yudong having a mixing part in connection with a milk reservoir silent to the recited hot water/vapor outlet with the automatic coffee machine including a hot water/vapor outlet nozzle, a boiler producing hot water and/or vapor to supply said hot water/vapor outlet nozzle, and a milk frothing device, the hot water/vapor inlet orifice of the milk frothing device being connected to the hot water/vapor outlet nozzle of De’Longhi for the purpose of providing a known coffee machine steam connection configuration that allows for the milk frothing device to be easily removed for cleaning and maintenance.
Response to Amendments
Claims 12 and 14 have been amended.
Claims 1-19 are pending.
Response to Arguments
The 112 rejection of claims 12 and 14 have been withdrawn in view of the claim amendments.
Applicant’s arguments with respect to claims 1-19 been fully considered but they are not persuasive.
The applicant has argued on pages 5-6 about claim 1 that Yudong fails to disclose the limitations of “a closure part movable relative to the mixing part between a closed position in which the closure part closes the mixing chamber and the main flow conduit” because the upper cover 9 of Yudong only covers the rotating mixing zone 10 and does not enclose ejector port 17”, the examiner respectfully disagrees. As seen in figures 1, 8 and 9 of Yudong, the upper cover 9 in the closed position forms an upper enclosure that encloses the rotating mixing zone 10 and ejector port 17, and therefore fully discloses the recited claim limitations.
The applicant further argues on page 6 about claim 1 that Yudong fails to discloses the limitations of “a seal arranged at a junction area between the mixing part and the closure part and extending around the mixing chamber and the main flow conduit” because the sealing rings 4a-4c are separate sealing element at separate locations, the examiner respectfully disagrees. As seen in figures 1, 8 and 9 of Yudong, the sealing ring 4c is a ring sealing element that extends around the both the rotating mixing zone 10 and ejector port 17, and therefore fully discloses the recited claim limitations.
The applicant further argues on pages 6-7 about claim 1 that Yudong fails to disclose the limitations of “the air supply conduit comprises a calibrated air passage configured to define a maximum air flow in the air supply conduit which is independent of the seal” because Yudong’s air flow is structurally dependent on the sealing rings 4a and 4a, the examiner respectfully disagrees. Yudong teaches the air supply conduit comprises a calibrated air passage configured to define a maximum air flow (Figs 7-10, auxiliary channel 62, auxiliary hole 63, lever portion 65, 0044, 0045) in the air supply conduit which is independent of the seal because the lever portion 65 in the open position allows for a maximum air flow through auxiliary channel 62, auxiliary hole 63 which works independently of sealing ring 4b, and therefore fully discloses the recited claim limitations.
The applicant has argued on pages 7-8 about claims 2-8, 15 and 16 that the combination of Yudong in view of De’ Longhi fails to cure the deficiencies of Yudong above, the examiner respectfully disagrees because Yudong fully discloses all the limitations of claim 1 as set forth in the response to arguments and rejection above.
The applicant further argues that the combination of Yudong in view of De’ Longhi is improper because of lack of a sufficient reason to combine because Yudong already provides its own air regulation structure, the examiner respectfully disagrees. Yudong discloses an air regulation structure but is silent to the specific air regulation structure as recited in claims 2, 3, 4, 5, 6, 7 and 8. De’Longhi, which is also directed to a similar milk frothing device was added to show that the recited air regulation structure of claims 2, 3, 4, 5, 6, 7 and 8 is known in the art and when combined or modified with the milk frothing device of Yudong would allow for improved device with a known regulating means connected to a pivoting shaft for controlling the flow rate of air flowing through the air inlet channel (Abstract, Claim 1) to control characteristics of the milk frothing and improve ease of cleaning (0004).
The applicant further argued that the combination of Yudong in view of De’ Longhi is improper the regulating means of De’Longhi has an O-ring element that defines the air flow geometry, the does not meet the limitations of claim 1 directed to “a calibrated air passage configured to define a maximum air flow in the air supply conduit which is independent of the seal”, the examiner respectfully disagrees. Yudong alone fully discloses the limitations of claim 1 directed to “a calibrated air passage configured to define a maximum air flow in the air supply conduit which is independent of the seal” where the air calibration means of Yudong (Figs 7-10, auxiliary channel 62, auxiliary hole 63, lever portion 65, 0044, 0045) provides for maximum air flow independent of sealing ring 4b. De’ Longhi’s regulating means would modify the calibration means of Yudong (Figs 7-10, auxiliary channel 62, auxiliary hole 63, lever portion 65, 0044, 0045) which would still be independent of sealing ring 4b, and is therefore fully combinable with Yudong.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 8/14/2026
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