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 Rejections - 35 USC § 103
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 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 1-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over in Paoletti (USPat# 4,715,274) view of Cheng (WO2012/107357).
Regarding claim 1, Paoletti teaches a frothing/emulsifying head for heating and whipping milk (abstract and figure 2), comprising a head body 11 sealingly mountable to a supply interface of a machine for the preparation of hot beverages (col. 1, line 66-col. 2, line 22: Made to sealingly engage with steam generator.), in said head body there being formed a mixing chamber 20 arranged downstream of a steam supply nozzle, the mixing chamber comprising a proximal end configured to define an annular gap around an end of the steam supply nozzle (figure 3: Steam supply channel 2 exits to proximal end of mixing chamber defining an annual gap around steam nozzle/channel 2) , and a convergent distal end (figure 3: Mixing chamber converges prior to frothing chamber 15.), a restriction duct extending forward from the distal end of the mixing chamber (figure 3: Duct that carrier mixed fluid to foaming chamber), a frothing chamber 15 arranged at a distal end of the restriction duct, a distribution duct 16 extending from the frothing chamber, an air suction duct 22having an inlet end connectable to an air supply and an outlet end leading into the proximal end of the mixing chamber, a milk suction duct 21 having an inlet end connectable to a milk reservoir and an outlet end leading into the proximal end of the mixing chamber, wherein said mixing chamber, restriction duct and frothing chamber are configured to cooperate with the steam supply nozzle to form a jet pump, in which a steam jet is capable of drawing air and milk into the mixing chamber through the air suction duct and the milk suction duct, respectively (col. 2, lines 7-22 and figures 2, 3, and 5: The combination of the elements lead to the suction chamber/mixing chamber 20 bringing in steam, air, and milk.), the frothing chamber 15 homogenizing a mixture of steam, air and milk produced in the mixing chamber, wherein the frothing chamber is disc-shaped (figure 2) and comprises a bottom surface, a top surface and a round side surface extending between the bottom surface and the top surface (figures 2 and 3), wherein the distal end of the restriction duct leads tangentially into the frothing chamber (figure 3: arrives off center of chamber 15), at the round side surface of the frothing chamber and at an intermediate height between the bottom surface and the top surface (figure 2), and wherein the distribution duct extends axially from a center of the bottom surface of the frothing chamber (figures 1, 2, and 3: Duct 16 extends axially from a bottom surface of the frothing chamber.)
Paoletti does not explicitly teach the distribution duct having an upper portion and a lower portion having a greater diameter than the upper portion.
However, Cheng teaches a similar emulsifying/frothing device. (abstract and figure 1) Cheng teaches a discharge duct 14 that contains an upper portion(Part that connects to chamber 20) and lower portion (exit portion with outflow channel 21). Cheng teaches that the lower portion has a greater diameter than the lower portion. (figure 1 and page 7, line 26-page 8, line 2) Cheng teaches that the combination of the outflow channel 21 and wing 22 improves the outflow of the milk by contributing to give the effect of “cream” to the frothed milk. (Page 8, lines 1-2)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have substituted the discharge duct arrangement of Cheng, for the discharge arrangement of Paoletti, in order to improve the outflow of the milk by contributing to give the effect of “cream” to the frothed milk as taught by Cheng.
Regarding claim 2, the combination of Paoletti and Cheng teaches wherein the lower portion of the distribution duct comprises a divergent top end. (Cheng: Exit portion with outflow channel 21 has a divergent top end).
Regarding claim 3, the combination of Paoletti and Cheng teaches wherein a plurality of axial ribs is formed along the lower portion of the distribution duct. (figure 1, Page 7, line 30: Cheng teaches at least (one) longitudinal wing 22 that extend a length of the discharge duct.) Note: Cheng does not explicitly state at least one, however, it appears that the intention of Cheng was at least one as seen in Cheng2 (WO2009155972 page 7 par. 2)
Regarding claim 4, the combination of Paoletti and Cheng teaches wherein ridges of the axial ribs define, in the distribution duct, a central lumen having a diameter substantially equal to the diameter of the upper portion of the distribution duct. (figure 1, Page 7, line 30: Cheng teaches at least (one) longitudinal wing 22 that extend a length of the discharge duct. The ridges of the wings 22 are formed inside the discharge duct and would define a central lumen having a diameter substantially equal to the diameter of the upper portion of the distribution duct.)
Regarding claim 5, Paoletti teaches a cover 40 closing the frothing chamber at the top thereof. (figure 2)
Regarding claim 6, the combination of Paoletti and Cheng teaches wherein the outlet end of the air suction duct is positioned upstream of the outlet end of the milk suction duct. (Cheng: col. 2, lines 7-22 and figures 2, 3, and 5: Outlet end of air suction duct 22 is positioned upstream of the outlet end of the milk suction duct.)
Regarding claim 7, Paoletti does not explicitly teach wherein said annular gap has a greater thickness at the outlet end of the milk suction duct than at the outlet end of the air suction duct.
However, Paoletti teaches that the size of the cross sectional area of the air flow can be modified by using an insertable pin 30. (col. 2, lines 23-33)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have substituted different size cross sectional areas rather than pin arrangement of Paoletti as both would result in the expected result of manipulating the flow of the incoming ingredients to control the properties of the discharged product.
Regarding claim 8, Paoletti teaches a wherein the head body comprises the steam supply nozzle 2 which is configured to be connected to a steam supply of the supply interface. (col. 1, line 66-col. 2, line 22)
Regarding claim 9, Paoleti teaches wherein the head body comprises a plurality of body elements in which the mixing chamber, the restriction duct, the frothing chamber and the distribution duct are formed, said body elements being constrained to each other and movable between a working position, in which said mixing chamber and frothing chamber are closed, and a cleaning position, in which said mixing chamber and frothing chamber are open. (figures 1, 3, and 5: Head can be opened and taken apart for cleaning. For example lid 40 can be put into a open or closed position depending on whether cleaning is necessary.)
Regarding claim 10, Paoletti teaches wherein the head body comprises a proximal body element in which the steam supply nozzle is formed, an intermediate body element in which the mixing chamber, the restriction duct, a first portion of the frothing chamber and the distribution duct are formed, and a distal body element in which a second portion of the frothing chamber is formed. (figures 1, 3, and 5)
Regarding claim 13, Paoletti teaches wherein the supply interface comprises the steam supply nozzle, the head body being sealingly mountable to the steam supply nozzle (col. 1, line 66-col. 2, line 22), wherein a mounting hole is formed in said head body (hole in body 11 accepting nozzle), the mounting hole being configured to receive the steam supply nozzle, and said mixing chamber extending forward from the mounting hole. (figure 3: Mixing chamber extends forward from mounting hole accepting steam nozzle.)
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over in Paoletti (USPat# 4,715,274) and Cheng (WO2012/107357) in view of Balkau (PGPub# US 2017/0303733A1).
Regarding claim 11, the combination of Paoletti and Cheng does not explicitly teach wherein the proximal body element is hinged to the intermediate body element, and is rotatable between a working position in which the steam supply nozzle is inserted into the mixing chamber, and a cleaning position in which the steam supply nozzle is extracted from the mixing chamber.
However, Balkau teaches a similar frothing/emulsifying apparatus. (abstract and figure 1) Balkau teaches that it is known in the art to use hinges to connect elements of a frothing apparatus. (par 4-11) Balkau provides examples in figures 15 a-d of hinge joints 81 used to unravel and form the frothing unit. (par. 90-92) Balkau teaches the benefit of the system is for simpler cleaning and reassembly. (par. 15)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have applied the hinges/joints of Balkau, to the combination of the elements of Paoletti and Cheng, in order to allow for simpler cleaning and reassembly as taught by Balkau. Joints would be added anywhere necessary to allow parts to come apart for ease of cleaning.
Regarding claim 12, the combination of Paoletti and Cheng toes not explicitly teach wherein the distal body element is hinged to the intermediate body element, and is rotatable between a working position in which said first and second portions of the frothing chamber are joined to each other to form the frothing chamber, and a cleaning position in which said first and second portions of the frothing chamber are separated from each other.
However, Balkau teaches a similar frothing/emulsifying apparatus. (abstract and figure 1) Balkau teaches that it is known in the art to use hinges to connect elements of a frothing apparatus. (par 4-11) Balkau provides examples in figures 15 a-d of hinge joints 81 used to unravel and form the frothing unit. (par. 90-92) Balkau teaches the benefit of the system is for simpler cleaning and reassembly. (par. 15)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have applied the hinges/joints of Balkau, to the combination of the elements of Paoletti and Cheng, in order to allow for simpler cleaning and reassembly as taught by Balkau. Joints would be added anywhere necessary to allow parts to come apart for ease of cleaning.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over in Paoletti (USPat# 4,715,274) and Cheng (WO2012/107357) in view of Buettiker (PGPub# US 2017/0055763A1).
Regarding claim 14, the combination of Paoletti and Cheng toes not explicitly teach wherein said cover is made of material transparent to visible light.
However, Buettiker teaches a milk frothing apparatus. (abstract, and figure 2) Buettiker teaches that it is known in the art to make parts of a frothing apparatus from crystal clear plastic to allow for easy visual control of the extent of contamination of milk froth in the apparatus. (par. 23)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have applied crystal clear plastic of Buettiker, to any components of the apparatus of Paoletti and Cheng, including the cover, in order to allow for easy visual control of the extent of contamination of milk froth in the apparatus as taught by Buettiker.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIME A ABRAHAM whose telephone number is (571)270-5569. The examiner can normally be reached 9AM-5PM EST M-F.
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, Marivelisse Santiago-Cordero can be reached at 571-272-7839. 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.
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761