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:
The term “and/or” in claims 1, 3, 9, 11, and 14-15 should read “or”.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation
“a mobility in the tank when activated… one or more of magnetic and ferromagnetic elements; a configuration to impart the mechanical effect to said liquid food substance in the tank by rotating in the tank at a rotational speed; a configuration to impart the mechanical effect to said liquid food substance in the tank substantially permanently when the heating surface heats said liquid food substance in the tank; and a configuration to impart the mechanical effect to said liquid food substance in the tank prior to activating the heating surface” in claim 13
“at least one obstacle that interferes with a flow of said liquid food substance in the tank during processing; and a central axis that forms a central axis of a or said processing cavity of the tank which processing cavity contains the liquid food substance during processing” in claim 14
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a control unit connected to the temperature sensor and configured to control an activation of: the agitator to impart the mechanical effect on said liquid food substance in the tank; and the heating surface to heat said liquid food substance in the tank, the control unit being configured to deactivate the agitator and to deactivate the heating surface” in claim 1.
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 3, the limitation in claim 3 is lacking support in the specification, because this limitation includes multiple complex functions and structure, such as “an evolution of the sensed run-off temperature”, “a loop-control mechanism”, “account variations of temperatures”. It appear requires specific algorithms and structures. However, the specification only discloses the substantially same content of the claim language, without any details of the corresponding algorithms and structures.
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 3, 5-7, and 11 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.
Regarding claim 3, the limitation in claim 3 is indefinite, because it is unclear what is required for “an evolution of the sensed run-off temperature”, “a loop-control mechanism”, “account variations of temperatures”. The specification does not provide any details of how to perform the functions and what is required for the structure.
For the purpose of examination, the limitation of claim 3 is interpreted to the control unit is configured to determined the run-off time by the sensed run-off temperature.
Regarding claim 5, the phrase "for instance" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the purpose of examination, the limitation “changes over time at a rate that is below a threshold value, for instance a threshold value that is below 0.5° C./sec” is interpreted to “changes over time at a rate that is below a threshold value, the threshold value that is below 0.5° C./sec”.
Regarding claim 6, the limitation in claim 6 is indefinite, because it is contradicted with the limitation of claim 1, such as the run-off time is the time that deactivating the agitator and is before the time of the heating surface is deactivated; on the other hand, claim 6 defines the run-off temperature is after the heating surface is deactivated. Hence, the definition of “run-off time” is unclear.
For the purpose of examination, the term “run-off time” is understood to be the definition on claim 1.
Regarding claims 7, the claim are rejected due to their dependency on an indefinite claim as shown above.
Regarding claims 11, the limitation in claim 11 is indefinite. It is unclear what kind of parament the phrases “different levels” and “different profiles of activation” refer to, temperature? Frequency? Current? Power? The metes and bounds of the limitation is unclear.
For the purpose of examination, the term “different levels” is understood to different levels of temperature.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 2, the scope of the limitation is broader than claim 1. Therefore, the limitation of claim 2 does not further limit claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-4 and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Helf (US 2018/0368621).
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Regarding claim 1, Helf teaches a machine comprising:
a tank (cavity 21) for containing and processing a liquid food substance (see para.[0068], cavity 21 is capable to contain and process a liquid food substance.);
an agitator (agitator 4) for imparting a mechanical effect on said liquid food substance in the tank (see para.[0068] “an agitator 4 for generating a flow of the food substance.”);
a heating surface (heating surface 6) configured to be in contact with and heating said liquid food substance in the tank (see fig.1, heating surface 6 is capable to contact and heating liquid food substance in cavity 21.);
a temperature sensor (temperature sensor 81) for directly or indirectly sensing a temperature of the heating surface and/or of said liquid food substance in the tank (see para.[0069] “a temperature sensor 81 for sensing a temperature of heating surface 6”); and
a control unit (control unit 8) connected to the temperature sensor (temperature sensor 81) and configured to control an activation of:
the agitator (agitator 4) to impart the mechanical effect on said liquid food substance in the tank; and the heating surface (heating surface 6) to heat said liquid food substance in the tank, the control unit being configured to deactivate the agitator and to deactivate the heating surface (see para.[0069] “an electric motor 52 for driving agitator 4, such as a motor having an output axle 51 and a magnetic coupling 50 for driving magnetically agitator 4. For example, chamber 5 contains a control unit 8 controlling the powering of motor 52 and of electric heater 6′ e.g. based on a timer and/or a temperature sensed by temperature sensor 81.” Hence, control unit 8 is capable to control the operation of the agitator 4 and heating surface 6, such as their operation.),
wherein to deactivate the agitator and the heating surface, the control unit is configured to deactivate the heating surface and then later to deactivate the agitator at an end of a run-off time determined by the control unit based on a run-off temperature that is sensed by the temperature sensor after the heating surface has been deactivated and that is acquired by the control unit (See para.[0101] “Agitator 4 may be moved prior to heating of the heating surface 6, such as for a period of time of 3 to sec, e.g. 5 to 10 sec, before the heating of the heating surface; and/or after heating of the heating surface has ended, such as for a period of time of 0.1 to 5 sec, e.g. 0.5 to 2.5 sec., after the heating has ended.”).
Regarding claim 2, Helf teaches the temperature sensor (temperature sensor 81) is configured to sense a temperature of a part in thermal communication with said liquid food substance in the tank. (see para.[0069] “a temperature sensor 81 for sensing a temperature of heating surface 6”)
Regarding claim 3, Helf teaches the control unit is configured to determine the run-off time: by the sensed run-off temperature as such; and by taking further into account variations of temperatures sensed by the temperature sensor prior to deactivating the heating surface (see para.[0028] “a control unit controlling the powering of the motor and of the electric heater e.g. based on a timer and/or the temperature sensor.”).
Regarding claim 4, Helf teaches the control unit is configured to continuously acquire the run-off temperature sensed by the temperature sensor after the heating surface is deactivated (see para.[0028] and [0060] “a control unit controlling the powering of the motor and of the electric heater e.g. based on a timer and/or the temperature sensor.” “Maintaining the agitator in movement after the heating surface is no more heated, e.g. because the target temperature has been reached, will provide the release of heat (that is at a maximum) from the heating surface into the food substance with no or minimal local overheating.” Hence, Helf teaches the control unit controls the motor based on the sensed temperature after heating surface is deactivated, which implies the control unit is configured to continuously acquire sensed temperature.).
Regarding claim 8, Helf teaches the control unit is configured to deactivate the heating surface and then later the agitator when a temperature sensed by the temperature sensor and acquired by the control unit reaches a predetermined processing threshold value after the heating surface has been activated (see para.[0028], [0060], and [0101] “a control unit controlling the powering of the motor and of the electric heater e.g. based on a timer and/or the temperature sensor.” “Maintaining the agitator in movement after the heating surface is no more heated, e.g. because the target temperature has been reached, will provide the release of heat (that is at a maximum) from the heating surface into the food substance with no or minimal local overheating.” See para “Agitator 4 may be moved prior to heating of the heating surface 6, such as for a period of time of 3 to sec, e.g. 5 to 10 sec, before the heating of the heating surface; and/or after heating of the heating surface has ended, such as for a period of time of 0.1 to 5 sec, e.g. 0.5 to 2.5 sec., after the heating has ended.”. Hence, the control unit is capable to deactivate the heating surface and then later the agitator when a temperature reaches a predetermined processing threshold value.)
Regarding claim 9, Helf teaches the control unit is configured to deactivate the heating surface and then later the agitator after a predetermined period of time after the control unit has activated the heating surface and/or the agitator (See para.[0101] “Agitator 4 may be moved prior to heating of the heating surface 6, such as for a period of time of 3 to sec, e.g. 5 to 10 sec, before the heating of the heating surface; and/or after heating of the heating surface has ended, such as for a period of time of 0.1 to 5 sec, e.g. 0.5 to 2.5 sec., after the heating has ended.”).
Regarding claim 10, Helf teaches the control unit has a safety mode in which the unit is configured to deactivate: the agitator when reaching a cool-off safety time after the heating surface has been deactivated; and the agitator and the heating surface when reaching a processing safety time after the agitator and the heating surface have been activated (see para.[0069] “an electric motor 52 for driving agitator 4, such as a motor having an output axle 51 and a magnetic coupling 50 for driving magnetically agitator 4. For example, chamber 5 contains a control unit 8 controlling the powering of motor 52 and of electric heater 6′ e.g. based on a timer and/or a temperature sensed by temperature sensor 81.” Hence, control unit 8 is capable to control the operation of the agitator 4 and heating surface 6 when reaching a certain time.).
Regarding claim 11, Helf teaches the control unit is configured to activate the agitator and/or the heating surface to reach different levels and/or to follow different profiles of activation during processing (See para.[0084] “The speed of agitator 4 may be changed between the above indicated speeds 41,42 when reaching a corresponding predetermined temperature threshold.”).
Regarding claim 12, Helf teaches a powered chamber containing the control unit (control unit 8) with a user-interface (user-interface 80) (See fig.1)
Regarding claim 13, Helf teaches the agitator has a mobility in the tank when activated (See para.[0035] “The agitator typically rotates about an axis of rotation”)
Regarding claim 14, Helf teaches a movable or removable lid (lid; see the annotation of fig.1) for closing a mouth of the tank via which mouth said liquid food substance is supplied into and/or dispensed out of the tank (See fig.1);
Regarding claim 15, Helf teaches a method for preventing or inhibiting burning of a liquid food substance, such as milk or a milk-based substance, at an end of processing in a tank of a machine comprising:
a tank (cavity 21) for containing and processing a liquid food substance (see para.[0068], cavity 21 is capable to contain and process a liquid food substance.);
an agitator (agitator 4) for imparting a mechanical effect on said liquid food substance in the tank (see para.[0068] “an agitator 4 for generating a flow of the food substance.”);
a heating surface (heating surface 6) configured to be in contact with and heating said liquid food substance in the tank (see fig.1, heating surface 6 is capable to contact and heating liquid food substance in cavity 21.);
a temperature sensor (temperature sensor 81) for directly or indirectly sensing a temperature of the heating surface and/or of said liquid food substance in the tank (see para.[0069] “a temperature sensor 81 for sensing a temperature of heating surface 6”); and
a control unit (control unit 8) connected to the temperature sensor (temperature sensor 81) and configured to control an activation of:
the agitator (agitator 4) to impart the mechanical effect on said liquid food substance in the tank; and the heating surface (heating surface 6) to heat said liquid food substance in the tank, the control unit being configured to deactivate the agitator and to deactivate the heating surface (see para.[0069] “an electric motor 52 for driving agitator 4, such as a motor having an output axle 51 and a magnetic coupling 50 for driving magnetically agitator 4. For example, chamber 5 contains a control unit 8 controlling the powering of motor 52 and of electric heater 6′ e.g. based on a timer and/or a temperature sensed by temperature sensor 81.” Hence, control unit 8 is capable to control the operation of the agitator 4 and heating surface 6, such as their operation.),
wherein to deactivate the agitator and the heating surface, the control unit is configured to deactivate the heating surface and then later to deactivate the agitator at an end of a run-off time determined by the control unit based on a run-off temperature that is sensed by the temperature sensor after the heating surface has been deactivated and that is acquired by the control unit comprising the steps of: deactivating said heating surface; and then acquiring by the control unit the run-off temperature sensed by the sensor after the heating surface has been deactivated and determining by the control unit said end of the run-off time based on the run-off temperature; and then deactivating by the control unit the agitator at the end of the of the run-off time. (see para.[0028], [0060], and [0101] “a control unit controlling the powering of the motor and of the electric heater e.g. based on a timer and/or the temperature sensor.” “Maintaining the agitator in movement after the heating surface is no more heated, e.g. because the target temperature has been reached, will provide the release of heat (that is at a maximum) from the heating surface into the food substance with no or minimal local overheating.” “Agitator 4 may be moved prior to heating of the heating surface 6, such as for a period of time of 3 to sec, e.g. 5 to 10 sec, before the heating of the heating surface; and/or after heating of the heating surface has ended, such as for a period of time of 0.1 to 5 sec, e.g. 0.5 to 2.5 sec., after the heating has ended.” Hence, Helf teaches the control unit deactivating and heating surface, continuously acquire sensed temperature, and then deactivating the agitator.)
Conclusion
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/CHRIS Q LIU/ Primary Examiner, Art Unit 3761