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 following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
A substitute specification excluding the claims is required pursuant to 37 CFR 1.125(a) because of the lack of headings as discussed above.
A substitute specification must not contain new matter. The substitute specification must be submitted with markings showing all the changes relative to the immediate prior version of the specification of record. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. An accompanying clean version (without markings) and a statement that the substitute specification contains no new matter must also be supplied. Numbering the paragraphs of the specification of record is not considered a change that must be shown.
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.
GROUND 1: Claim 9 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.
Claim 9 recites: “The device according to claim 1, further comprising a sensor configured to determine a temperature of the substance, a magnetic field strength of the magnetic field at least on the worktop at the second side, a presence of the container with the substance, a position of the container with the substance with reference to the worktop, a distance between the actuating unit and the worktop, and/or a rotational speed of the actuating unit, the sensor being arranged on the worktop or integrated at least partially in the worktop”.
(emphasis added)
There is no support for a single sensor to perform al lthe the recited functions within the claim. Support for a sensor element 14 in the current specification (see paras 0085-0091 and 0114-0115) appears to refer to at least one sensor implemented which may determine each of the listed functions individually, not a single sensor which may be implemented to determine all of the listed functions as currently claimed. Appropriate clarification and correction is required.
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.
GROUND 2: Claim 4 is 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 4 recites: wherein the drive unit comprises an electromechanical actuator configured to rotationally drive the actuating unit in at least one direction along the worktop.
(emphasis added)
It is unclear how the electromechanical actuator 9 of the drive unit 6 rotates the actuating unit 6 “along the worktop” as claimed. Paras 0075-0077 disclose the electromechanical actuator as moving the actuator unit in a linear fashion, that is translation movement along a y-axis. It is unclear how vertical movement (i.e. along the y-axis) of the actuating unit equates to “rotational movement along the worktop” as claimed. Appropriate clarification and correction is required. For examination purposes, the claim will be interpreted in view of the specification, wherein the actuating unit is moved linearly along the y-axis with respect to the worktop.
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.
GROUND 3: Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 9,149,155 to Vidal et al.
In regard to claims 1, 13-15 and 19, Vidal et al. disclose a device for stirring and/or mixing a substance in a container 50 by a magnetic tool 53, 54 being movably insertable or being movably inserted in the container (See Fig. 1), the device comprising: a worktop 2 for contacting a bottom wall of the container at a first side of the worktop; an actuating unit 32 configured to generate a magnetic field adapted to drive the magnetic tool (See Col. 4, Lines 44-49), the actuating unit being arranged at a second side of the worktop opposite to the first side; and a drive unit 6, 14 configured to rotationally and translationally drive the actuating unit (See Figs. 2-4 and Col. 5, Lines 1-5). With regard to claim 19, Vidal et al. disclose the device to be a kitchen appliance to support a contianer having a substance to be cooked (See Col. 1, Lines 58-64).
In regard to claims 2 and 16, Vidal et al. disclose a device, wherein the drive unit is configured to control rotational movement of the actuating unit around a rotation axis and to control translational movement of the actuating unit with reference to the magnetic tool movably inserted in the container, to adjust the magnetic field between the actuating unit and the magnetic tool (See Figs. 2-4 and Col. 5, Lines 6-16).
In regard to claim 3, Vidal et al. disclose a device, wherein the drive unit comprises a motor 6, 14 configured to rotationally drive the actuating unit, the motor being releasably coupled to the actuating unit (See Figs. 2-4 and Col. 5, Lines 1-5).
In regard to claim 4, Vidal et al. disclose a device, wherein the drive unit comprises an electromechanical actuator configured to rotationally drive the actuating unit in at least one direction along the worktop (See Figs. 2-4 and Col. 5, Lines 6-65).
In regard to claim 5, Vidal et al. disclose a device, wherein the actuator comprises a spindle drive assembly 12, 33 and/or a scissor linkage assembly configured to translationally drive the actuating unit, the spindle drive assembly and/or the scissor linkage assembly being driven by at least one motor (See Figs. 2-4 and Col. 5, Lines 6-65).
In regard to claim 6, Vidal et al. disclose a device, further comprising a guidance element 34 adapted to translationally guide a section of the actuating unit, the guidance element being arranged on the worktop at the second side (See Figs. 3-4). As broadly as claimed, heating element 34 functions as a “guide element” adapted to translationally guide the actuating unit of the device.
In regard to claim 7, Vidal et al. disclose a device, wherein the guidance element comprises a guide rail formed as a slide rail or formed as a ball bearing rail (See Figs. 3-4).
In regard to claim 8, Vidal et al. disclose a device, further comprising a heating element 34 adapted to heat the substance in the container, the heating element being arranged on the worktop or integrated at least partially in the worktop on an outer circumference thereof or at least beyond a projection screen of the actuating unit on the worktop (See Figs. 2-4 and Col. 4, Lines 50-67).
In regard to claims 9 and 19, Vidal et al. disclose a device, further comprising a sensor 43, 46 configured to determine a temperature of the substance, a magnetic field strength of the magnetic field at least on the worktop at the second side, a presence of the container with the substance, a position of the container with the substance with reference to the worktop, a distance between the actuating unit and the worktop, and/or a rotational speed of the actuating unit, the sensor being arranged on the worktop or integrated at least partially in the worktop (See Figs. 1, 3-4 and Col. 6, Lines 30-64).
In regard to claims 10, 17-18 and 20, Vidal et al. disclose a device, further comprising a control unit 30 configured to control a motor and/or an actuator of the drive unit to adjust the magnetic field in accordance with at least one determined and/or predefined parameter, the at least one determined and/or predefined parameter comprising a temperature of the substance, a magnetic field strength of the magnetic field at least on the worktop at the second side, a presence of the container with the substance, a position of the container with the substance with reference to the worktop, a distance between the actuating unit and the worktop, and/or a rotational speed of the actuating unit (See Figs. 1, 3-4 and Col. 6, Lines 30-64).
In regard to claim 11, Vidal et al. disclose a device, wherein the worktop comprises a magnetic field pervasive material (See Figs. 2-4 and Col. 4, Lines 4-35).
In regard to claim 12, Vidal et al. disclose a device, wherein the actuating unit comprises a permanent magnet (see Figs. 2-4 and Col. 6, Lines 1-44). The use of permanent magnets is extremely well known in the art, as evident by the cited pertinent art below and the use of a permanent magnet in the device of Vidal et al. (See
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cooking vessels with magnetically controlled rotary blades therein, are not considered to be novel or inventive, in view of the rejections above and the following refences.
US 10292211
US 11280851
US 11343882
US 5834739
US 6712497
US 6962433
US 9237829
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J KASZTEJNA whose telephone number is (571)272-6086. The examiner can normally be reached M-F, 7AM--3PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J KASZTEJNA/Primary Examiner, Art Unit 3993