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 1 is objected to because of the following informalities: in line 16, “of at least one” should read “at least one of”. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: in line 19, “of at least one” should read “at least one of”; and the steps should not be capitalized. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-5, 7-17 and 19 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the vessel" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claims 3-5, 7-14, 16, 17 and 19 are also rejected under 35 USC 112(b) by virtue of their dependency on claim 1.
Claim 1 recites the limitation, “a vessel” in lines 5. It is unclear whether “a vessel” of line 5 is the same or different as “the vessel” as recited in line 4 of the claim. As such the claim is indefinite for failing to distinctly claim the invention. Claims 3-5, 7-14, 16, 17 and 19 are also rejected under 35 USC 112(b) by virtue of their dependency on claim 1.
Claim 1 recites the limitation, “a drive mounting” in the last line of the claim. It is unclear whether “a drive mounting” of the last line is the same or different as “as drive mounting” as recited in line 11 of the claim. As such the claim is indefinite for failing to distinctly claim the invention. Claims 3-5, 7-14, 16, 17 and 19 are also rejected under 35 USC 112(b) by virtue of their dependency on claim 1.
Claim 15 recites the limitation "the vessel" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation, “a preparation tool” in lines 6. It is unclear whether “a preparation tool” of line 6 is the same or different as “a preparation tool” as recited in line 4 of the claim. As such the claim is indefinite for failing to distinctly claim the invention.
Claim 15 recites the limitation, “a drive mounting” in lines 6 and 14 and 24. It is unclear whether “a drive mounting” of line 6 and/or line 14 and/or 24 is the same or different as “a drive mounting” as recited in line 4 of the claim. As such the claim is indefinite for failing to distinctly claim the invention.
Claim 15 recites the limitation, “a drive” in lines 6. It is unclear whether “a drive” of line 6 is the same or different as “a drive” as recited in line 4 of the claim. As such the claim is indefinite for failing to distinctly claim the invention.
Claim Rejections - 35 USC § 102
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 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, 3-5, 7-12, 14 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abdo et al. (U.S. Patent Pub. No. 2019/0328167).
Regarding claim 1, Abdo et al. discloses a food processor for preparing at least one food product (abstract; [0111]), comprising:
a drive configured to set at least one preparation tool in motion (motor 30; [0115]-[0118]),
a preparation tool, wherein the preparation tool is a flow generator for flowing air in the vessel against the at least one food product (impeller 20; [0113]-[0114]),
a vessel configured to receive at least one food product (container 10; [0112]),
wherein the food processor has a base in which the drive is arranged (motor chamber 41, motor 30, output shaft 31, driving magnetic elements 36, 36’; [0115]-[0118]) and the vessel being detachably connected to the base ([0132]), and
wherein the vessel comprises a vessel heater configured to heat the air enclosed within the vessel, the vessel heater being integrated into a bottom of the vessel (thermal conditioner 38; [0133]),
wherein the flow generator comprises:
a drive mounting configured to be detachably connected to the drive of the food processor and to transmit motion of the drive (driven magnetic elements 26; [0113]; [0115] (magnetically coupled is considered to be a detachable magnetic connection)), and
an impeller connected to the drive mounting (impelling member 21; [0113]; [0115]),
wherein the impeller is configured to be imparted in motion by the drive via the drive mounting, thereby creating a flow field within the heatable vessel ([0115]-[0118]),
wherein the impeller further comprises of at least one the following components: an impeller cover with an opening through which air can flow into the impeller, an impeller bottom configured to restrict the flow of air through the impeller, at least one impeller blade configured to accelerate air, wherein the at least one impeller blade is arranged between the impeller cover and the impeller bottom, and a connection section, which is configured to connect the impeller to a drive mounting (see figures 1-3, all parts of impeller 20, including 21, 21’, 21”, 23, 28, and other parts not labeled; [0114]; [[0153]-[0154]).
Regarding claim 3, Abdo et al. discloses wherein at least the impeller or the drive mounting is free of electrical components (impeller 20).
Regarding claim 4, Abdo et al. discloses wherein a separator impeller is provided (helicoidal cam 29 or driven disc 28).
Regarding claim 5, Abdo et al. discloses wherein the separator impeller is connected to at least the impeller or the drive mounting (figure 2, helicoidal cam 29 connected to impeller 21; figure 2, driven disc 28 connected to impeller 21, figure 1, driven disc 28 connected to drive mounting 26).
Regarding claim 7, Abdo et al. discloses wherein at least one of only one drive or only one heater are provided (figure 1, only one drive 30 and 31; figure 1, only one heater 38, [0133]).
Regarding claim 8, Abdo et al. discloses wherein the vessel is sealable to the flow generator in a substantially airtight manner such that the flow generator generates circulating air ([0017]).
Regarding claim 9, Abdo et al. discloses wherein a basket is provided, which is configured to receive the at least one food product and to keep it spaced apart from a vessel wall of the vessel and also at least the preparation tool or the further preparation tool (figures 4-6, holder 50; [0159]).
Regarding claim 10, Abdo et al. discloses wherein the basket has a substantially tubular section (figures 4-6, holder 50 shaped like a tube) which is covered by a cap (figures 4-6, top wall of holder 50, not labeled) such that a substantially annular opening is formed through which the air flows to the flow generator when the flow generator is driven by the drive (figures 4-6, opening 51) ([0159]).
Regarding claim 11, Abdo et al. discloses wherein the basket has at least one channel at a bottom section, which is configured to receive suspended matter transported with the air flow, or has an opening through which suspended matter transported with the air flow can emerge from the basket (opening 51).
Regarding claim 12, Abdo et al. discloses wherein a collection tray is provided, which is arranged at least above the flow generator or below a basket and is configured to collect suspended matter transported with the air flow (figure 1, bottom 12).
Regarding claim 14, Abdo et al. discloses wherein the flow generator comprises a flow heater configured to heat the air enclosed in the vessel ([0155]).
Regarding claim 19, Abdo et al. discloses wherein the only one heater is configured as a vessel heater (figure 1, only one heater 38, [0133]).
Claim(s) 1, 3-5, 7-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benoit et al. (U.S. Patent No. 10,085,599).
Regarding claim 1, Benoit et al. discloses a food processor for preparing at least one food product (abstract), comprising:
a drive configured to set at least one preparation tool in motion (motor 24, drive shaft 196, hub receiver 212; columns 10-11, lines 57-40),
a preparation tool, wherein the preparation tool is a flow generator for flowing air in the vessel against the at least one food product (stirring mechanism 16 and food processing attachment 18),
a vessel configured to receive at least one food product (container 12),
wherein the food processor has a base in which the drive is arranged (housing 20) and the vessel being detachably connected to the base (see figure 24), and
wherein the vessel comprises a vessel heater configured to heat the air enclosed within the vessel, the vessel heater being integrated into a bottom of the vessel (heating structure 26; column 5, lines 30-36),
wherein the flow generator comprises:
a drive mounting configured to be detachably connected to the drive of the food processor and to transmit motion of the drive (drive hub 210; column 11, lines 19-58), and
an impeller connected to the drive mounting (figures 11 and 24, food processing attachment 18; figures 51-61),
wherein the impeller is configured to be imparted in motion by the drive via the drive mounting, thereby creating a flow field within the heatable vessel (column 11, lines 19-58),
wherein the impeller further comprises of at least one the following components: an impeller cover with an opening through which air can flow into the impeller, an impeller bottom configured to restrict the flow of air through the impeller, at least one impeller blade configured to accelerate air, wherein the at least one impeller blade is arranged between the impeller cover and the impeller bottom, and a connection section, which is configured to connect the impeller to a drive mounting (see figures 51-61, each processing attachment 18 with various blades and structures, base 520 with vent slots 526, post 510, central receiver 46; columns 23-24, lines 54-4).
Regarding claim 3, Benoit et al. discloses wherein at least the impeller or the drive mounting is free of electrical components (processing attachment 18).
Regarding claim 4, Benoit et al. discloses wherein a separator impeller is provided (figures 57 and 58, stirring paddle 498 being separator impeller and flipper paddle 494 being the impeller; column 13, lines 57-65).
Regarding claim 5, Benoit et al. discloses wherein the separator impeller is connected to at least the impeller or the drive mounting (figures 57 and 58, stirring paddle 498 connected to impeller 16 and 494; column 13, lines 57-65).
Regarding claim 7, Benoit et al. discloses wherein at least one of only one drive or only one heater are provided (figure 11, only one drive motor 24, drive shaft 196, hub receiver 212; figure 44, only one heater 376; columns 10-11, lines 57-40).
Regarding claim 8, Benoit et al. discloses wherein the vessel is sealable to the flow generator in a substantially airtight manner such that the flow generator generates circulating air (lid 14).
Regarding claim 9, Benoit et al. discloses wherein a basket is provided, which is configured to receive the at least one food product and to keep it spaced apart from a vessel wall of the vessel and also at least the preparation tool or the further preparation tool (figures 25 and 31, steamer insert 246 placed in steam zone 244 above preparation tool and further preparation tool with internal area to receive food spaced away from vessel wall; column 13, lines 60-66).
Regarding claim 10, Benoit et al. discloses wherein the basket has a substantially tubular section (figure 31, steam insert 246 shaped like a tube) which is covered by a cap (figures 31, top wall of steam insert 246 with no openings, not labeled) such that a substantially annular opening is formed through which the air flows to the flow generator when the flow generator is driven by the drive (figure 31, openings around side of steam insert 246).
Regarding claim 11, Benoit et al. discloses wherein the basket has at least one channel at a bottom section, which is configured to receive suspended matter transported with the air flow, or has an opening through which suspended matter transported with the air flow can emerge from the basket (figure 31, steam insert 246 has openings not labeled).
Regarding claim 12, Benoit et al. discloses wherein a collection tray is provided, which is arranged at least above the flow generator or below a basket and is configured to collect suspended matter transported with the air flow (figure 25, insert 220 (tray) in processing zone 242 below basket insert 246; column 13, lines 41-60).
Regarding claim 13, Benoit et al. discloses wherein a lid is provided (lid 14), which is configured to close an upper opening of the vessel (figure 1, lid 14 closes upper opening vessel 12; column 5, lines 50-62) comprises at least: a lid heater configured to heat the air enclosed in the vessel, or a ventilation valve configured to maintain a pressure difference between an atmosphere inside the vessel and outside the vessel below a predetermined value (vents 78; column 6, lines 43-48).
Regarding claim 14, Benoit et al. discloses wherein the flow generator comprises a flow heater configured to heat the air enclosed in the vessel (figure 25, heater 150 surrounds and connects to flow generator 18).
Regarding claim 15, Benoit et al. discloses a method of operating a food processor, for preparing at least one food product (abstract), the method comprising:
providing a drive in a base (motor 24, drive shaft 196, hub receiver 212 in base housing 20; columns 10-11, lines 57-40),
detachably connecting a drive mounting of a first preparation tool to the drive (drive hub 210; column 11, lines 19-58),
connecting the vessel to the base (figures 24-25, vessel 12 to housing receptacle 22,; column 5, lines 26-28),
setting in motion a preparation tool having a drive mounting by a drive, thereby providing a first function, wherein the preparation tool is a flow generator (food processing attachment 18 is a flow generator as described in columns 22-23, lines 56-39, with drive hub 210; column 11, lines 19-58),
heating at least one air located in the vessel by a heater (heating structure 26; column 5, lines 30-36),
loosen the connection of the drive mounting with the drive (figure 24, driving mounting 210 loosened from drive 212),
detachably connecting a drive mounting of a further preparation tool to the drive (figures 51-61, multiple processing attachments 18 that can be detachably connected; column 23, lines 40-53),
wherein the heater for heating the air located in the vessel is configured as a vessel heater integrated in a bottom of the vessel (figure 25, heater 150 or figure 44, heater 376),
wherein the flow generator comprises:
a drive mounting configured to be detachably connected to the drive of the food processor and to transmit motion of the drive (drive hub 210; column 11, lines 19-58), and
an impeller connected to the drive mounting (figures 11 and 24, food processing attachment 18; figures 51-61),
wherein the impeller is configured to be imparted in motion by the drive via the drive mounting, thereby creating a flow field within the heatable vessel (column 11, lines 19-58),
wherein the impeller further comprises of at least one the following components: an impeller cover with an opening through which air can flow into the impeller, an impeller bottom configured to restrict the flow of air through the impeller, at least one impeller blade configured to accelerate air, wherein the at least one impeller blade is arranged between the impeller cover and the impeller bottom, and a connection section, which is configured to connect the impeller to a drive mounting (see figures 51-61, each processing attachment 18 with various blades and structures, base 520 with vent slots 526, post 510, central receiver 46; columns 23-24, lines 54-4).
Regarding claim 16, Benoit et al. discloses wherein the separator impeller is arranged upstream of the impeller and configured to separate suspended matter contained in the air (figures 57 and 58, stirring paddle 498 (separator impeller) upstream of flipper paddle 494 (impeller) and capable to separate suspended matter contained in the air; column 13, lines 57-65 with separator impeller being processing attachment 482 with perforated gate structure capable separate suspended matter contained in the air or other processing attachment as explained in columns 22-23, lines 58-39 configured to perform as recited).
Regarding claim 17, Benoit et al. discloses wherein a transmission ratio being provided through which a rotational speed of the separator impeller can differ or vary from a rotational speed of the impeller (column 13, lines 57-65).
Regarding claim 19, Benoit et al. discloses wherein the only one heater is configured as a vessel heater (figures 24 and 44, only one heater 376).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
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