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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the cooking utensil [i.e., a stockpot having a plurality of regions for boiling noodles in a plurality of noodle baskets] required for finishing the ingredient (i.e., noodles) as described in the specification [para. 0170]. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). In this case, claim 16 requires a cooking utensil having a plurality of finishing regions to finish the ingredient, wherein the ingredient is finished to one of a plurality of finished states with different finishing times.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The term “food and drink product” is used by the claims to mean food dishes of soup [para. 0015].
The term “seasoning liquid” is used by the claims to mean the liquid of the soup/broth/sauce [para. 0016], including water or hot water [para. 0018].
The term “ingredient” is used by the claims to mean the solid food of the dish to be dipped in the liquid [e.g., noodles; para. 0017].
The term “order” is used by the claims to mean an order for a dish, transmitted by/received from a guest [para. 0081]
The term “order information” is used by the claims to include: when a guest’s order has been entered/fixed, and conventional details of the ramen desired, e.g., type of soup, thickness of soup, hardness of noodle, presence or absence of oil, and toppings [para. 0081: “The "order" is, for example, an order of ramen transmitted from the input terminal 2 operated by a guest. The "order information" is information indicating a content of each order. The order information includes information on time when the order is fixed (time information) and information on details of the ramen desired by the guest (hereinafter, referred to as "order details information"). The order details information includes information on, for example, the type of soup, thickness of the soup, hardness of noodles, presence or absence of oil, and the type of topping.”].
The term “a supply condition” is used by the claims to mean an amount of a particular ingredient to be supplied, e.g., a blending ratio and corresponding volumes/amounts thereof [para. 0084: “The "supply condition" is a condition on the supply of the seasoning liquids, such as a blending ratio of the seasoning liquids (ratio between the undiluted soup and the broth), liquid volume of the seasoning liquids (total volume of the soup), presence or absence of oil and the liquid volume thereof, and presence or absence of grated garlic and the amount thereof.”].
The term “path” is used by the claims [i.e., acquisition path, return path, supply path in claim 1, air introduction path in claims 5 and 7] to mean a pipe and a joint [see fig. 3 showing a pipe covered by a pipe thermal insulating material 26, the pipe attached to supporting unit 13; paras. 0032 and 0055-57].
The term “mortar-shaped” is used by claim 8 [i.e., “a liquid receiver… has a mortar-shaped inner surface”] to mean that the liquid receiver resembles a funnel [figs. 2, 4, 5, 9: liquid receiver 25; para. 0071].
The term “viscous body-like” is used by claim 10 [i.e., “a viscous body-like seasoning having higher viscosity than viscosity of the seasoning liquid”] to mean a food having higher viscosity than a liquid [e.g., grated garlic, which has a higher viscosity than undiluted soup [para. 0061].
The term “time information” is used by claim 14 [i.e., “the order selection component selects the piece of the order information, based on time information included in the order information”] to indicate that the piece selected is chosen based on when a guest has finalized/fixed their order of food (i.e., the guests order has been entered into the apparatus at a particular time; para. 0081), e.g., the order is prepared on a “first come, first served” basis, determined from corresponding time information of any pending orders [para. 0091: “The order selection component 342 selects the order information in the order of time specified by the time information as a general rule.”].
The term “order-related information” is used by claim 15 [i.e., “wherein the order selection component is configured to acquire order-related information related to the order; and select the piece of the order information, based on the order-related information”] to mean information related to the order such as information related to an ingredient to be supplied, e.g., depending on the time required to boil noodles, the seasoning liquid may be supplied accordingly [para. 0169].
The term “finishing region” is used by the claims to mean one of a plurality regions in a stockpot where noodle boiling baskets are put for boiling noodles [para. 0170].
The term “finished states” is used by the claims to mean one of a plurality of final hardness of noodle, each corresponding to a different “finishing time”, i.e., the noodle for an order may be prepared with different levels of boiling to arrive at a desired texture/doneness [para. 0169].
The term “reorder” is used by the claim to indicate that a supply of seasoning liquid is the same as a previous supplying of that seasoning liquid, i.e., the order is the same amount of the same type of liquid as a previous order [para. 0172] as opposed to a single order of ramen that is double the size of a regular order, which would be obvious in view of claim 1 (i.e., the order information would indicate that the customer desired a double portion of liquid).
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
Claim 1:
the limitation “component” (i.e., acquisition component, condition determination component, operation control component) is being interpreted as a controller [fig. 6: controller 34; para. 0079], e.g., a processor (CPU/DSP) and a semiconductor memory (RAM/ROM), and equivalents thereof.
the limitation “connection switch unit” is being interpreted as a valve [fig. 2: valve 214; e.g., a pinch valve; para. 0035], and equivalents thereof [e.g., loop valve, supply valve, air introduction valve; para. 0176].
Claim 11:
the limitation “temperature adjusting unit” is being interpreted as a Peltier device [figs. 2 and 9: temperature adjusting unit 246; para. 0068] and equivalents thereof [i.e., a heater/cooler or thermoelectric heat pump].
Claim 14:
the limitation “component” (i.e., order selection component) is being interpreted as a controller [fig. 6: controller 34; para. 0079], e.g., a processor (CPU/DSP) and a semiconductor memory (RAM/ROM), and equivalents thereof [e.g., a combination of CPUs and corresponding software/instructions stored in memory control the cooking apparatus].
Claim 16:
the limitation “cooking utensil” is being interpreted as a stockpot having a plurality of finishing regions to accommodate a plurality of noodle boiling baskets for boiling noodles, and equivalents thereof [para. 0170].
Claim 19:
the limitation “conveying unit” is being interpreted as a belt conveyor [fig. 1: conveying unit 40; para. 0086], and equivalents thereof.
Claim 20:
the limitation “supporting unit” is being interpreted as a shelf [figs. 1, 8: container supporting unit 12; para. 0025], a panel [figs. 1, 8: pipe supporting unit 13; para. 0028], and pinching members 131ab, bridge member 131c (e.g., hook and loop fastener) [figs. 3-5: supporting unit 131; para. 0055], and equivalents thereof.
Claim 21:
the limitation “bridge member” is being interpreted as a hook-and-loop fastener tape [para. 0055], and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 3:
Applicant is advised that should claim 1 be found allowable, dependent claim 3 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, since claim 1 already recites the pump is attached to the acquisition path which acquires the seasoning liquid, and that the connection switch unit stops a connection between the acquisition path and the supply path to the container, such that when seasoning liquid is not supplied to the container, the connection switch unit instead connects the acquisition path to the return path and the pump is operated such that with a relatively lower discharge amount, it seems that claim 3 does not further limit claim 1, and thus is objected to as being a substantial duplicate thereof.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1 and 3-21 are 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:
In view of the above 112(f) interpretation of “component”, the recitation of a condition determination component and an operation control component renders the claim indefinite because it is unclear whether these additional components are intended to be additional controllers, or if the components are merely software/instructions configured to perform the different functions of a singular controller. For the purposes of this office action, and in view of fig. 6 showing a controller 34, Examiner will interpret the acquisition component, the condition determination component, and the operation control component as the controller, specifically, Examiner will interpret claim 1 as reciting “A cooking apparatus…comprising: [[an acquisition component]]a controller configured to acquire order information indicating a content of each order for the food and drink product; [[a condition determination component]]the controller configured to determine a supply condition of the seasoning liquid, based on the order information; …and [[an operation control component]]the controller configured to control operation of the supply unit…”.
Claim 4:
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “flows back” in claim 4 is used by the claim to indicate that the pump reverses direction [para. 0106: “After the predetermined time has elapsed, the operation control component 344 controls the operation of the valve 214 so as to connect the acquisition path 211 to the supply path 213 for a predetermined time (for example, 500 msec), and controls the operation of the pump 215 such that the undiluted soup flows back from the pump 215 toward the first reserve tank T1. That is, the operation control component 344 operates the pump 215 in a reverse direction (in a direction in which the pump 215 discharges the undiluted soup toward the first reserve tank T1). As a result, the undiluted soup (residual liquid) remaining in the supply path 213 and in a portion of the acquisition path 211 downstream of the pump 215 is recovered from the pump 215 toward the first reserve tank T11.”], however the accepted meaning of “flows back” is that claim 4 merely indicates that the seasoning liquid returns to the reserve tank [see fig. 2, the pump 215 can be operated in the forward direction to return any undiluted soup in the flow path (i.e., acquisition path 211, valve 214, and return path 214) to the reserve tank, e.g., in a recirculating/mixing process]. The term is indefinite because the specification does not clearly redefine the term.
Claim 12:
the limitation “wherein the food and drink product includes a plurality of types of the seasoning liquids, and the cooking apparatus includes the supply unit corresponding to each of the plurality of types of the seasoning liquids” renders the claim indefinite because it is unclear whether the supply unit is intended to be distinct from the supply unit recited in claim 1, specifically, if the same supply unit is to be used to dispense all the different seasoning liquids. For the purposes of this office action, in view of fig. 2 showing distinct supply units for each seasoning liquid contained in tanks T1-T3, Examiner will interpret claim 12 as reciting “wherein the food and drink product includes a plurality of types of the seasoning liquid[[s]], and the cooking apparatus includes a plurality of [[the supply unit]]supply units corresponding to each of the plurality of types of the seasoning liquid[[s]]” or alternatively “wherein the food and drink product includes a plurality of [[types of the]] seasoning liquids, and the cooking apparatus includes a plurality of [[the supply unit]]supply units corresponding to each of the plurality of [[types of the]] seasoning liquids”.
Claim 13:
In view of the 112b rejection of claim 12 above, claim 13 is similarly rejected for recitations of “the supply unit”, and claim 13 is similarly interpreted as indicating the arrangement of claim 12, wherein each distinct liquid ingredient is provided with its own supply unit.
Claim 14:
In view of the 112(b) rejection of claim 1 above, the recitation of “an order selection component” renders the claim indefinite because it is unclear whether the order selection component is intended to be a distinct, additional controller. Similar to claim 1, for the purposes of this office action, Examiner will interpret claim 14 as referring to the controller of claim 1 when describing the order selection component.
There is insufficient antecedent basis for the limitation “the selected order information” in lines 5-6. For the purposes of this office action, Examiner will interpret lines 5-6 as reciting “the selected piece of the order information”.
Claim 16:
the limitation “a cooking utensil required for finishing the ingredient has a plurality of finishing regions to finish the ingredient” renders the claim indefinite because it is unclear whether the cooking utensil is actually required by apparatus, since it seems that the apparatus only requires the order-related information that corresponds to the cooking utensil (i.e., state of availability of finishing regions for boiling noodles, presence of noodle baskets in the finishing regions) which may be supplied by sensors, or human input from a user [para. 0170]. Since the cooking utensil does not appear in the figures, and since the conventional practice of preparing ramen would obviously involve coordinating the boiling of noodles and the preparation of the soup/broth according to a customer’s preference, according to a recipe, or at least according to minimum food safety standards, Examiner will interpret claim 16 as indicating that order-related information includes information (i.e., finishing/boiling time, noodle presence in finishing regions) that would be predictably determined from a conventional cooking utensil.
Claims 3-21 are also rejected because of dependence on a rejected claim.
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, 3, 5-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shiraki (US 20210321813 A1) in view of Oh (KR 20010001713 A) and Orita (US 20160016777 A1).
Regarding claim 1,
Shiraki discloses:
A cooking apparatus [fig. 1: automatic dish serving system 1 and control means; para. 0116] to supply a seasoning liquid [non-solid ingredients are supplied, e.g., sauces/soups; para. 0079] to be included in a food and drink product [ramen; para. 0069] to a container [cooking container 14], the cooking apparatus comprising:
an acquisition component configured to acquire order information indicating a content of each order for the food and drink product [system 1 is configured to acquire a customer’s order, e.g., from a dedicated terminal; para. 0033];
a condition determination component configured to determine a supply condition of the seasoning liquid, based on the order information [system 1 is configured to supply predetermined ingredients in predetermined amounts according to the customer’s order; para. 0032]; and
an operation control component configured to control operation of a supply unit [ingredient supplying device 13] configured to supply a predetermined liquid volume of the seasoning liquid to the container, based on the supply condition [i.e., system 1, to complete the customer’s order, is configured to control device 13 to supply the predetermined ingredients in predetermined amounts according to the order; para. 0077s];
wherein the supply unit, includes:
[ingredients are stored in device 13 under appropriate temperature conditions, e.g., in a refrigerating device; para. 0079];
a connection switch unit configured to switch connection control component [for liquid ingredients, a valve is provided at a supply port for supplying the ingredient to the container 14; para. 0079]; and
the operation control component controls,
when the seasoning liquid is supplied to the container, operation of the connection switch unit so as to connect the acquisition path to the supply path, and controls,
when the seasoning liquid is not supplied to the container, the operation of the connection switch unit so as to connect the acquisition path to the return path and intermittently operates the pump and/or controls operation of the pump such that a discharge amount of the pump is lower than the discharge amount of the pump when the seasoning liquid is supplied to the container.
However, Shiraki does not explicitly disclose:
wherein the supply unit, includes:
an acquisition path configured to acquire the seasoning liquid from the reserve tank that reserves the seasoning liquid;
a return path configured to return the seasoning liquid from the acquisition path to the reserve tank;
a supply path configured to supply the seasoning liquid from the acquisition path to the container;
the connection switch unit configured to switch connection among the acquisition path, the return path, and the supply path by being controlled by the operation control component; and
a pump attached to the acquisition path and configured to discharge the seasoning liquid, and
the operation control component controls,
when the seasoning liquid is supplied to the container, operation of the connection switch unit so as to connect the acquisition path to the supply path,
and controls, when the seasoning liquid is not supplied to the container, the operation of the connection switch unit so as to connect the acquisition path to the return path and intermittently operates the pump and/or controls operation of the pump such that a discharge amount of the pump is lower than the discharge amount of the pump when the seasoning liquid is supplied to the container.
Oh, in the same field of endeavor, teaches wherein the supply unit [see fig. 8, showing a water supply unit 50 of a ramen vending machine] includes:
an acquisition path configured to acquire the seasoning liquid from the reserve tank that reserves the seasoning liquid [i.e., main supply pipe 55 acquires hot water from lower tank 52; pp. 5-6];
a return path configured to return the seasoning liquid from the acquisition path to the reserve tank [i.e., return pipe 57 returns hot water from 55 to 52; p. 6];
a supply path configured to supply the seasoning liquid from the acquisition path to the container [i.e., hot water is output from supply pipes 56A, 56B to cooking vessels 31; fig. 1];
the connection switch unit configured to switch connection among the acquisition path, the return path, and the supply path by being controlled by the operation control component [i.e., valves 53B, 53D, 58, 59 switching connection among the pipes, controlled by control unit 90; p. 6-11]; and
a pump attached to the acquisition path, configured to discharge the seasoning liquid [supply pump 54; pp. 5-6], and
the operation control component controls,
when the seasoning liquid is supplied to the container [i.e., in a dispensing step], operation of the connection switch unit so as to connect the acquisition path to the supply path [i.e., valve 58 is opened, and pump 54 is activated to supply hot water to cooking vessels 31], and controls,
when the seasoning liquid is not supplied to the container [i.e., in a recovery step], the operation of the connection switch unit so as to connect the acquisition path to the return path [p. 6: “The recovery unit 50B includes a shutoff valve 58 provided in each of the supply pipes 56A and 56B, a return pipe 57 branched from the supply pipe 56A on one side, and the return pipe 57. The return valve 59 is installed to be controlled by the control unit 90 so that water in the main supply pipe 55 is recovered to the upper tank 51 when water is supplied.”].
Orita, in the same field of endeavor [i.e., dispensing hot or cold water], teaches intermittently operating a pump in a sterilization step such that a discharge amount of the pump is lower [i.e., a rotational speed of the pump is lower relative to a normal operation step; para. 0072: “In addition, the control device 41 drives the pump 6 such that the rotational speed of the pump 6 during the sterilization operation mode (in other words, in step S.sub.22 in the intermittent pump drive control) is lower than the rotational speed of the pump 6 during the normal operation mode. With this arrangement, the driving sound of the pump 6 during the sterilization operation mode can be reduced, and it is possible to ensure quiet sterilization operation, which is expected to be carried out late at night.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the apparatus of Shiraki such that the supply unit, includes an acquisition path configured to acquire the seasoning liquid from the reserve tank; a return path configured to return the seasoning liquid from the acquisition path to the reserve tank; a supply path configured to supply the seasoning liquid from the acquisition path to the container, and a pump attached to the acquisition path and configured to discharge the seasoning liquid; wherein the operation control component controls the connection switch unit to switch connection among the acquisition path, the return path, and the supply path, in a dispensing step, and in a recovery step; since Oh teaches this predictably allows for the dispensing step of Shiraki, but also allows for recovery of unused seasoning liquid, thereby conserving energy and material and improving efficiency [p. 6: “That is, when the supply pump 54 is operated, water of the low temperature remaining in the main supply pipe 55 is recovered to the upper tank 51 and stored in the lower tank 52 to maintain high temperature. The water is configured to be supplied to each cooking vessel 31.”]. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the apparatus of Shiraki and Oh such that the operation control component intermittently operates the pump and/or controls operation of the pump such that a discharge amount of the pump is lower than the discharge amount of the pump when the seasoning liquid is supplied to the container, since Orita teaches this extends the service life of the pump [para. 0007: “Accordingly, an object of the present invention is to provide a water dispenser in which a long service life of the pump can be secured even if the sterilization operation is carried out more frequently.”].
Regarding claim 3, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
Shiraki as modified by Oh discloses:
wherein, when stopping the supply of the seasoning liquid to the container, the operation control component controls the operation of the pump so as to stop the discharge of the seasoning liquid toward the supply path, and controls the connection switch unit so as to connect the acquisition path to the return path.
In this case, Oh discloses pump 54, with valves 58 closed and valve 59 opened, stopping discharging of liquid to pipes 56A/56B, and recovering liquid to pipe 57 [see fig. 8].
Regarding claim 5, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 3.
Oh further discloses:
the connection switch unit includes:
a loop valve connected to the return path and configured to introduce the seasoning liquid into the return path [fig. 8: valve 59]; and
a supply valve connected to the supply path and configured to introduce the seasoning liquid into the supply path [see fig. 8, showing valves 53B and 53D upstream of pipe 55].
Orita further teaches:
wherein the supply unit includes an air introduction path [figs. 1, 2: air introduction passage 22/air inlet port 24] configured to introduce air into the supply path [i.e., see fig. 1, showing passage 22 configured to introduce air into circulation route 19, comprising at least pipes 5, 14, 20, 27 ; paras. 0045-46: “… When the water level in the cold water tank 2 falls, air is introduced into the cold water tank 2 through the air introduction passage 22, such that the pressure in the cold water tank 2 is maintained at atmospheric pressure...”], and an air introduction valve connected to the air introduction path and configured to introduce the air into the supply path [see figs. 3 and 4, showing sterilization chamber 23 connected to passage 22, for supplying air to the cold water dispensing flow path of pipe 20 in fig. 3, and also for supplying air to hot water dispensing flow path of pipe 31, thereby maintaining atmospheric pressure, and facilitating the flow of liquid (i.e., by not allowing negative pressure /vacuum to accumulate) ; paras. 0046-47: “When the water level in the cold water tank 2 falls, air is introduced into the cold water tank 2 through the air introduction passage 22, such that the pressure in the cold water tank 2 is maintained at atmospheric pressure…An air pipe 27 is connected to the upper surface Sa of the buffer tank 8. The air layer in the buffer tank 8 and the air layer in the cold water tank 2 communicate with each other through the air pipe 27, so that the interior of the buffer tank 8 is maintained at atmospheric pressure.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the apparatus of Shiraki, Oh, and Orita such that the supply unit includes an air introduction path connected to an air introduction valve configured to introduce air into the supply path, since Orita teaches this maintains atmospheric pressure, and would facilitate the flow of the liquid seasoning by preventing negative pressure from accumulating. Furthermore, in view of Orita teaching that air is supplied when the water level falls [i.e., so as to maintain atmospheric pressure; para. 0047], and in view of Orita disclosing the conventional valve 13 [fig. 4] as a conventional three-way valve, it would have been an obvious matter of design choice to have the supply valve be common to the air introduction valve, or to the loop valve and the air introduction valve, as necessitated by the specific requirements of a given application (e.g., space considerations).
Regarding claim 6, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 3.
Shiraki as modified by Oh and Orita disclose:
wherein the operation control component controls the connection switch unit so as to connect the return path to the supply path within a first time from when the acquisition path is connected to the return path, and controls the connection switch unit so as to connect the acquisition path to the return path within a second time from when the first time elapses.
Specifically, since Oh discloses structure capable of connecting the return path to the supply path [e.g., to recover liquid in supply path pipe 56B; see fig. 8] within a first time from when the acquisition path is connected to the return path, and controls the connection switch unit so as to connect the acquisition path to the return path within a second time from when the first time elapses [e.g., the process is duplicated so as to recover the liquid in supply path pipe 56A, or the process is repeated for pipe 56B], in view of Oh teaching the desire to recover unused liquid [p. 6], it would have been an obvious matter of design choice to select a sequence, including durations, of activating the corresponding supply unit components (i.e., pump, valves) as necessitated by the given application, e.g., according to the physical layout of the various pipes/tanks, a sequence for triggering the supply unit components would be selected so as to recover as much unused liquid as possible after a dispensing step.
Regarding claim 7, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 6.
Oh further discloses:
the connection switch unit includes:
a loop valve connected to the return path and configured to introduce the seasoning liquid into the return path [fig. 8: valve 59]; and
a supply valve connected to the supply path and configured to introduce the seasoning liquid into the supply path [see fig. 8, showing valves 53B and 53D upstream of pipe 55].
Orita further teaches:
wherein the supply unit includes an air introduction path [figs. 1, 2: air introduction passage 22/air inlet port 24] configured to introduce air into the supply path [i.e., see fig. 1, showing passage 22 configured to introduce air into circulation route 19, comprising at least pipes 5, 14, 20, 27 ; paras. 0045-46: “… When the water level in the cold water tank 2 falls, air is introduced into the cold water tank 2 through the air introduction passage 22, such that the pressure in the cold water tank 2 is maintained at atmospheric pressure...”], and an air introduction valve connected to the air introduction path and configured to introduce the air into the supply path [see figs. 3 and 4, showing sterilization chamber 23 connected to passage 22, for supplying air to the cold water dispensing flow path of pipe 20 in fig. 3, and also for supplying air to hot water dispensing flow path of pipe 31, thereby maintaining atmospheric pressure, and facilitating the flow of liquid (i.e., by not allowing negative pressure /vacuum to accumulate) ; paras. 0046-47: “When the water level in the cold water tank 2 falls, air is introduced into the cold water tank 2 through the air introduction passage 22, such that the pressure in the cold water tank 2 is maintained at atmospheric pressure…An air pipe 27 is connected to the upper surface Sa of the buffer tank 8. The air layer in the buffer tank 8 and the air layer in the cold water tank 2 communicate with each other through the air pipe 27, so that the interior of the buffer tank 8 is maintained at atmospheric pressure.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the apparatus of Shiraki, Oh, and Orita such that the supply unit includes an air introduction path connected to an air introduction valve configured to introduce air into the supply path, since Orita teaches this maintains atmospheric pressure, and would facilitate the flow of the liquid seasoning by preventing negative pressure from accumulating. Furthermore, in view of Orita teaching that air is supplied when the water level falls [i.e., so as to maintain atmospheric pressure; para. 0047], and in view of Orita disclosing the conventional practice of maintaining atmospheric pressure to facilitate a flow of liquid, it would have been an obvious matter of design choice to have the operation control component control the connection switch unit so as to open the loop valve, the supply valve, and the air introduction valve within the first time and close the supply valve and the air introduction valve within the second time from when the first time elapses, as necessitated by the specific requirements of a given application (e.g., to allow as much liquid to be drained by gravity).
Regarding claim 8, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
Shiraki as modified by Oh and Orita, specifically Oh further teaches:
wherein the supply unit includes a liquid receiver configured to be disposed between an exit on the container side of the supply path and the container and has a mortar-shaped inner surface [see fig. 1, showing a funnel shaped supply member 45 between an exit of soup supply unit 50 and cooking vessel 31].
In this case, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include the liquid receiver of Oh arranged between an exit of the supply path and the container, since Oh teaches that the funnel shaped supply member 45 facilitates dispensing [see fig. 1, showing the supply member 45 arranged to direct dispensing towards the cooking vessel 31].
Regarding claim 9, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 8.
In view of figs. 1 and 5 of Oh, showing that the supply member 45 is arranged to receive the contents of soup supply unit 40, Shiraki as modified by Oh further discloses:
wherein the exit is disposed along a tangential direction of the inner surface of the liquid receiver in a top view.
Regarding claim 10, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
Oh further teaches the cooking apparatus further comprising
a viscous body supply unit [fig. 5: soup supply unit 40] configured to supply a viscous body-like seasoning having higher viscosity than viscosity of the seasoning liquid to the container [supply unit 40 supplies soup, having a viscosity higher than water, to the container; p. 5: “The soup supply unit 40 is configured to selectively supply the soup stored and installed between the respective ramen storage units 21 to each of the cooking vessels 31”],
wherein the viscous body supply unit includes:
a syringe to be filled with the seasoning [see fig. 5, showing a syringe-shaped body of supply unit 40 and storage container 41];
a holder configured to hold the syringe in a detachable manner [see fig. 1, showing the supply unit 40 held in apparatus 100, and with regards to having the syringe be held in a detachable manner, it has been held by the courts that if it were considered desirable for any reasons (e.g., to facilitate refilling or replacement of the syringe) to make a claimed structure separable, it would be obvious make that structure be removable for that purpose MPEP 2144.04 V. C.]; and
a shutter configured to restrict the seasoning from being supplied from the syringe to the container [see fig. 5, showing blade 43 configured to restrict the opening of supply unit 40], and
the shutter withdraws from below the syringe when the seasoning starts to be supplied to the container, and advances to below the syringe when the seasoning stops being supplied to the container [the blade is rotated so as to control the discharge of soup, wherein portions of the blade withdraw from surfaces of the opening so as to allow soup to be discharged; p. 10: “When rotated, the soup stored in the storage container 41 is discharged to the supply member 45 by the blade 43 of the supply shaft 44, the soup discharged to each of the supply members 45 is the storage In the rotatable relationship to the container 41, the discharged soup can be put into each cooking vessel 31.”].
Therefore, in view of Shiraki disclosing that the ingredient supplying device stores multiple types of ingredients (i.e., conventional ingredients with regards to ramen) [para. 0032], it would have been an obvious matter of design choice to select a viscous body supply unit to dispense additional conventional ramen ingredients, as dictated by the specific requirements of a given application (e.g., according to the viscosity of the ingredient).
Regarding claim 11, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 10.
Shiraki as modified by Oh discloses:
wherein the viscous body supply unit includes:
a case that accommodates the syringe; and
a temperature adjusting unit configured to adjust temperature of the seasoning filled in the syringe to a predetermined temperature in the case, and the temperature adjusting unit abuts on the holder or the case.
Specifically:
Oh discloses a case that accommodates the syringe [see fig. 1, showing the supply unit 40 held in apparatus 100]; and
Shiraki discloses a temperature adjusting unit configured to adjust temperature of the seasoning filled in the syringe to a predetermined temperature in the case [i.e., the ingredient supplying device is configured to store the ingredients according to specific temperature conditions, via refrigerating and warming; para. 0079: “Multiple types of ingredients are stored in the ingredient supplying device 13, and ingredients according to a customer's order can be supplied to a cooking container 14. In the ingredient supplying device 13, ingredients are stored under temperature conditions suitable for the ingredients (refrigerating temperature, freezing temperature, room temperature, warming temperature).”], and the temperature adjusting unit abuts on the holder or the case [In this case, it would have been an obvious matter of design choice to select the mounting location of the corresponding refrigerating or warming element according to the requirements of a given application, (e.g., space considerations, heating/cooling considerations)].
Regarding claim 12, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
In view of Shiraki disclosing that the ingredient supplying device contains various conventional ingredients to be dispensed according to each customer’s order [para. 0079: “In the ingredient supplying device 13, not only solid ingredients but also sauces, soups, various ingredients, condiments, spices and the like are stored, and a predetermined amount of a predetermined ingredient is supplied to the cooking container 14 according to a customer's order.”] wherein each ingredient is stored according to individual requirements [i.e., refrigeration/warming; para. 0079] and in view of Oh disclosing multiple supply units for different ingredients [see fig. 1, showing supply units for hot water and soups], Shiraki as modified by Oh further discloses:
wherein the food and drink product includes a plurality of types of the seasoning liquids, and
the cooking apparatus includes the supply unit corresponding to each of the plurality of types of the seasoning liquids.
Regarding claim 13, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 12.
In view of Shiraki disclosing that the ingredient supplying device contains various conventional ingredients to be dispensed according to each customer’s order [para. 0079: “In the ingredient supplying device 13, not only solid ingredients but also sauces, soups, various ingredients, condiments, spices and the like are stored, and a predetermined amount of a predetermined ingredient is supplied to the cooking container 14 according to a customer's order.”] wherein each ingredient is stored according to individual requirements [i.e., refrigeration/warming; para. 0079] and in view of Oh disclosing multiple supply units for different ingredients [see fig. 1, showing supply units for hot water and soups], Shiraki as modified by Oh further discloses:
wherein the plurality of types of the seasoning liquids include:
a specific seasoning liquid to be supplied in response to all orders [e.g., if all the bowls of ramen in a particular group of customers desire the same ingredient];
a non-specific seasoning liquid to be supplied in response to some of the orders [e.g., if only a smaller portion of the group desires a particular condiment], and
the supply unit corresponding to the specific seasoning liquid is separate from the supply unit corresponding to the non-specific seasoning liquid [i.e., each ingredient has a supply unit for storing and dispensing each ingredient according to the requirements of the ingredient (e.g., temperature requirements)].
Regarding claim 14, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
In view of Shiraki disclosing the automatic dish serving system can cook a plurality of dishes at the same time [para. 0028] and that the system coordinates the cooking process such that a plurality of dishes ordered by a customer (i.e., an order consists of multiple dishes, e.g., for a group of more than one eater), taking into account cooking time for each ingredient [para. 0116], Shiraki further discloses:
further comprising an order selection component that selects a piece of the order information from among a plurality of pieces of the order information [i.e., the type of ingredient desired by the customer],
when the acquisition component acquires the plurality of pieces of the order information corresponding to a plurality of the orders [i.e., the order for the plurality of dishes], the selected order information being used by the condition determination component to determine the supply condition [i.e., the amount of ingredient to be supplied], wherein
the order selection component selects the piece of the order information, based on time information included in the order information [e.g., the ingredient (e.g., a condiment) is added according to when the noodles have finished boiling].
Regarding claim 15, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 14.
Shiraki further discloses:
wherein the order selection component is configured to:
acquire order-related information related to the order; and
select the piece of the order information, based on the order-related information [i.e., the control means of the system is configured to coordinate the supplying of ingredients according to time it takes to heat the ingredient and according to when the noodles have finished boiling; para. 0116].
Regarding claim 16, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 15.
Shiraki further discloses:
wherein the cooking apparatus is disposed in an eating and drinking establishment that serves the food and drink product to a customer [para. 0001],
the food and drink product includes an ingredient to be dipped in the seasoning liquid [i.e., various noodles; para. 0069],
a cooking utensil [fig. 1: boiler 11] required for finishing the ingredient has a plurality of finishing regions to finish the ingredient [i.e., it has regions for two baskets 12; para. 0071],
the ingredient is finished to one of a plurality of finished states with different finishing times required to finish the ingredient for each order [i.e., noodles can be prepared to various doneness, e.g., al dente (para. 0085), or in various sizes, e.g., normal, half size, and large size, each requiring different finishing times (para. 0099)], and
the order-related information includes at least one of:
finishing time information indicating the finishing time corresponding to the order [para. 0085];
ingredient information indicating whether the ingredient is present in each of the plurality of finishing regions [i.e., whether a basket 12 is empty or currently occupied by noodles to be boiled];
number-of-people information indicating number of the customers entering the eating and drinking establishment [i.e., automatically grasping vacant seats; para. 0119];
the order information corresponding to a reorder indicating redoing of the supply of the seasoning liquid to the container [i.e., a large size, or double order]; and
remaining amount information indicating a remaining amount of the seasoning liquid reserved in the reserve tank [i.e., to refill ingredients to the supplying device; para. 0118].
Regarding claim 17, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 16.
Shiraki further discloses:
wherein the customer operates an input terminal for entering a content of the order [i.e., a wireless communication terminal ; para. 0088], and
the order selection component is configured to acquire the number of the customers, based on input information from the input terminal [i.e., the number of bowls ordered corresponding to the number of customers].
Regarding claim 18, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
Shiraki further discloses:
wherein the food and drink product includes an ingredient to be dipped in the seasoning liquid [i.e., various noodles; para. 0069],
the ingredient is finished to one of a plurality of finished states with different finishing times required to finish the ingredient for each order, [i.e., noodles can be prepared to various doneness, e.g., al dente (para. 0085), or in various sizes, e.g., normal, half size, and large size, each requiring different finishing times (para. 0099)]and
the supply unit is configured to start to supply the seasoning liquid to the container, based on the predetermined liquid volume and the finishing time [i.e., the noodle cooking time is coordinated with the addition of sauce; para. 0085].
Regarding claim 19, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 18.
Shiraki further discloses the cooking apparatus further comprising
a conveying unit configured to convey the container [para. 0022: “a moving device capable of moving the cooking utensil,”], wherein
the container is kept warm at a predetermined temperature before being conveyed by the conveying unit [i.e., the control means coordinates the preparation of the order such that the temperature of the various ingredients is accounted for; para. 0116],
the conveying unit is configured to:
convey the container from a receiving position in which the container kept warm is received [para. 0022: “a position at which a cooking container is heated by the heating device,”] to a supply position in which the seasoning liquid is supplied to the container [para. 0022: “the moving device can move the cooking container to at least a position at which an ingredient is supplied from the ingredient supplying device”]; and
convey the container from the supply position to a delivery position in which the ingredient finished to the one of the finished states is delivered into the container [para. 0022: “a position at which heated noodles are received from the noodle heating device”],
the supply unit starts to supply the seasoning liquid to the container when the container is conveyed to the supply position [i.e., sauce may be supplied to the container], and
the conveying unit is configured to convey the container to the supply position, based on a conveying time required until the container reaches the delivery position [i.e., the process of adding sauce to the noodles is coordinated; para. 0085].
Regarding claim 20, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 1.
Shiraki as modified by Oh, specifically Oh further discloses the cooking apparatus further comprising
a plurality of supporting units configured to support the supply unit [see fig. 1, showing the water supply unit 50 being supported by at least portions of main body 10],
wherein each of the acquisition path, the return path, and the supply path is fitted in a corresponding supporting unit in such a way as to be detachable by a human hand [with regards to having paths be supported so as to be detachable, it has been held by the courts that if it were considered desirable for any reasons (e.g., to facilitate replacement/repair) to make a claimed structure separable, it would be obvious make that structure be removable for that purpose MPEP 2144.04 V. C.].
Claim 4 are rejected under 35 U.S.C. 103 as being unpatentable over Shiraki (US 20210321813 A1) in view of Oh (KR 20010001713 A) and Orita (US 20160016777 A1) as applied to claim 1 above, and further in view of Shigesue (JP 2020179899 A).
Regarding claim 4, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 3.
However, Shiraki as modified by Oh and Orita does not explicitly disclose:
wherein, when stopping the supply of the seasoning liquid to the container, the operation control component controls the operation of the pump such that the seasoning liquid flows back from the pump toward the reserve tank.
Shigesue, in the same field of endeavor, teaches operating a pump [fig. 4: pump 26a] in reverse such that liquid flows back to a reserve tank to recover material [see fig. 4, showing pump 26a with a supply path to container T, and an acquisition path to tank 14a], prior to running a circulation step [pps. 7-8].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the apparatus of Shiraki, Oh, and Orita such that when stopping the supply of the seasoning liquid to the container, the operation control component controls the operation of the pump such that the seasoning liquid flows back from the pump toward the reserve tank, since Shigesue teaches this can recover liquid in the acquisition path [i.e., path 22c; pps. 7-8: “Therefore, the dispensing pumps (first dispensing pump 26a, second dispensing pump 26b) are operated so as to be delivered in the opposite directions for a predetermined time, and the branching portion (first branching portion 34a, second branching portion 34a, second) is operated. Raw material beverage liquid (first raw material drinking liquid A, second raw material drinking liquid A, second raw material drinking liquid) remaining in the raw material supply path (first raw material supply path 22c, second raw material supply path 22d) downstream from the branch portion 34b). Since B) is refluxed so as to return to the raw material beverage container (first raw material beverage container 14a, second raw material beverage container 14b), the remaining raw material beverage liquid (first raw material beverage liquid A, second raw material beverage) The amount of liquid B) can be reduced as much as possible.”]
Claim 21 are rejected under 35 U.S.C. 103 as being unpatentable over Shiraki (US 20210321813 A1) in view of Oh (KR 20010001713 A) and Orita (US 20160016777 A1) as applied to claim 20 above, and further in view of Startz (US 20070196081 A1).
Regarding claim 21, Shiraki, Oh, and Orita disclose the cooking apparatus according to claim 20.
However, Shiraki as modified by Oh and Orita do not explicitly disclose:
wherein at least one of the plurality of supporting units includes:
two pinching members disposed so as to pinch a part of a corresponding path among the acquisition path, the return path, and the supply path; and
a bridge member configured to be attached in a bridging manner between the two pinching members so as to cover the corresponding path.
Startz, in the same field of endeavor, teaches a supporting unit for pipes [figs. 1, 2, 3A, 4A: coupling device 4] comprising two pinching members [see fig. 3A showing pipe 5 being pinched at opposite lateral sides by a base of the coupling device] and a bridge member to cover the pipe [i.e., flap 18].
Therefore, in view of Startz teaching a supporting unit capable of predictably supporting the pipes of Oh, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to simply substitute the path supporting units of Oh with the equivalent pinching members and bridge member of Startz.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J EVANGELISTA whose telephone number is (571)272-6093. The examiner can normally be reached Monday - Friday, 9am - 5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THEODORE J EVANGELISTA/ Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761