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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 16-22 and 31-34 in the reply filed on 22 June 2026 is acknowledged. Nothing in applicant’s traversal addresses the evidence provided in the restriction requirement, particularly Cake (US 3,045,987) which discloses all the shared features of the Groups.
The requirement is still deemed proper and is therefore made FINAL.
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 19, 21, 22, 33 and 34 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.
In claim 19, there is lack of antecedent basis for “the base section”. Claims 33 and 34 fall with claim 19 concerning this issue.
In claim 21, there is lack of antecedent basis for “the activation machine”. Claim 22 falls with claim 21 concerning this issue.
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 16-22 and 31-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Price (US 2,356,004):
Regarding claim 16, Price discloses an apparatus comprising a vibration mixer comprising a cartridge holder (12,33) and drive means (20), wherein the cartridge holder is configured for receiving and locking only one end of a cartridge and for maintaining the longitudinal axis of the cartridge on the cartridge holder in a vertical position (see Figs. 1, 2 and 7).
Regarding claim 17, the cartridge holder comprises one arm (33) configured to cooperate with the drive means of the cartridge holder; and located at one end of the arm, a cartridge holding platform (12) configured to cooperate with one end of the cartridge.
Regarding claim 18, the cartridge holding platform comprises means (52) for locking one end of the cartridge.
Regarding claim 19, means (52) for locking the one end of the cartridge on the cartridge holding platform are configured to cooperate with the base section of the cartridge.
Regarding claim 20, the apparatus further comprises an activation machine (60,61,62,37) configured to apply a thrust force.
Regarding claim 21, the apparatus further comprises a casing (10, 11) carrying the vibration mixer.
Regarding claim 22, the apparatus further comprises a lid (14 or 16) movable to a closed position.
Regarding claim 31, the cartridge holding platform is configured to cooperate with locking means present on said end of the cartridge (see Figs. 2 and 7).
Regarding claim 32, said means for locking one end of the cartridge comprises at least one protrusion (52).
Regarding claim 33, means (52) for locking the one end of the cartridge on the cartridge holding platform are configured to cooperate with the base section of the cartridge having two opposite protrusions.
Regarding claim 34, means (52) for locking the one end of the cartridge on the cartridge holding platform are configured to cooperate with the base section of the cartridge having two opposite protrusions of the cartridge being two opposite locking wings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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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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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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