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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 2 and 6 – 8 of the current application No.18/329,967 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 – 2, 5 – 6, 8 and 16 – 18 of U.S. Patent No.12396467.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application are obvious over the corresponding claims of the same row the patent as demonstrated in the inserted table below.
Claims of current app. No.18/329,967
Claims of U.S. Patent No.12396467
Claim 1. An herbal infusion and decarboxylation device comprising: an infusion chamber; an infusion mechanism; a controller; a power source; a plurality of lid accessories (*Note- obvious over claim 16 – 18); the infusion chamber comprising a chamber body and a lid assembly; the plurality of lid accessories comprising an odor controlling assembly (*Note-obvious over bold limitation of claim 17); the infusion mechanism comprising a housing, a heating mechanism, and a mixing mechanism (*Note- obvious over the “blade assembly” of claim 1); the chamber body being mounted onto the housing; the lid assembly being mounted onto the chamber body, opposite to the housing; at least one selected accessory from the plurality of lid accessories being operatively integrated into the lid assembly, wherein the at least one selected accessory is used to provide a supplemental functionality to the lid assembly (*Note-obvious over claims 16 – 18) ; the mixing mechanism being operatively integrated into the chamber body, wherein the mixing mechanism is used to blend contents of the chamber body (*Note- obvious over the “rotationally driven blade assembly” of claim 1); the heating mechanism being in thermal communication with the chamber body; the mixing mechanism and the heating mechanism being electronically connected to the controller; and the mixing mechanism, the heating mechanism, and the controller being electrically connected to the power source.
*Note here:
> all the italicized limitation of claim 1 here are anticipated by the italicized limitation of claim 1 of the patent.
> see the notes inserted for the limitations in bold that identify which limitations from the patent claim read on them.
Claim 1. An herbal infusion and decarboxylation device comprising: an infusion chamber; an infusion mechanism; a controller; a power source; the infusion chamber comprising a chamber body, a lid assembly, and chamber handle; the infusion mechanism comprising a housing, a motor, a blade assembly, at least one heating plate, and at least one temperature sensor; the housing comprising a first housing base, a second housing base, and a housing lateral wall; the chamber body being mounted onto the housing; the lid assembly being mounted onto the chamber body, opposite to the housing; the chamber handle being laterally mounted to the chamber body in between the housing and the lid assembly; the motor and the controller being mounted within the housing; the blade assembly, the at least one heating plate, and the at least one temperature sensor being mounted within the chamber body, adjacent to the housing; the motor being operatively coupled to the blade assembly, wherein the motor is used to rotationally drive the blade assembly; the motor, the at least one heating plate, and the at least one temperature sensor being electronically connected to the controller; the motor and the at least one heating plate being electrically connected to the power source; the at least one temperature sensor being in thermal communication with the chamber body; the first housing base being positioned opposite to the second housing base about the housing lateral wall; and the chamber body being centrally mounted onto the first housing base.
Claim 16. The herbal infusion and decarboxylation device as claimed in claim 13 comprising: a mesh strainer; the mesh strainer comprising a mesh receptacle and a mesh ring; the mesh ring comprising an inner ring edge and an outer ring edge; the mesh ring being connected around a receptacle opening of the mesh receptacle; the mesh receptacle being positioned into the chamber body; and the mesh ring being attached onto the holder flange.
Claim 17. The herbal infusion and decarboxylation device as claimed in claim 13 comprising: a cartridge receptacle; an odor control cartridge; the cartridge receptacle being attached into the holder flange; the odor control cartridge being positioned within the cartridge receptacle; and the removable cover being positioned across the cartridge receptacle.
Claim 18.The herbal infusion and decarboxylation device as claimed in claim 13 comprising: a blade reduction screen; the blade reduction screen comprising a ring mount, a blade screen, and a plurality of screen rods; the plurality of screen rods being radially distributed about the blade screen; the ring mount being positioned around the blade screen; the blade screen being terminally connected to each of the plurality of screen rods; the ring mount being terminally connected to each of the plurality of screen rods, opposite to the blade screen; and the ring mount being attached into the holder flange.
Claim 2. The herbal infusion and decarboxylation device as claimed in claim 1 comprising: the chamber body comprising a chamber base, a chamber lateral wall, and a chamber opening; the chamber base being positioned opposite to the chamber opening about the chamber lateral wall; the chamber base being positioned coextensive with the housing; the chamber base being mounted onto the housing; and the lid assembly being mounted across the chamber opening. (*Note- anticipated by italicized limitations of claim 2 of the patent)
Claim 2. The herbal infusion and decarboxylation device as claimed in claim 1 comprising: the chamber body comprising a chamber base, a chamber lateral wall, and a chamber opening; the chamber base being positioned opposite to the chamber opening about the chamber lateral wall; the chamber base being positioned coextensive with the housing; the chamber base being mounted onto the housing; the lid assembly being mounted across the chamber opening; and the chamber handle being mounted onto the chamber lateral wall.
Claim 6. The herbal infusion and decarboxylation device as claimed in claim 2 comprising: a plurality of markings; the plurality of markings being distributed along the chamber lateral wall; and the plurality of markings being inscribed onto the chamber lateral wall.
Claim 5. The herbal infusion and decarboxylation device as claimed in claim 2 comprising: a plurality of markings; the plurality of markings being distributed along the chamber lateral wall; and the plurality of markings being inscribed onto the chamber lateral wall.
Claim 7. The herbal infusion and decarboxylation device as claimed in claim 2, wherein the chamber lateral wall is made of a transparent material.
Claim 6. The herbal infusion and decarboxylation device as claimed in claim 2, wherein the chamber body is made of a transparent material.
Claim 8.The herbal infusion and decarboxylation device as claimed in claim 1 comprising: a pin connector; the pin connector comprising a pin plug and a pin socket; the pin plug being integrated into the chamber body, adjacent to the housing; the pin socket being integrated into the housing, adjacent to the pin plug; the heating mechanism being electrically connected to the power source through the pin connector; and the heating mechanism being electronically connected to the controller through the pin connector
Claim 8.The herbal infusion and decarboxylation device as claimed in claim 1 comprising: a pin connector; the pin connector comprising a pin plug and a pin socket; the pin plug being integrated into the chamber body, adjacent to the housing; the pin socket being integrated into the housing, adjacent to the pin plug; the at least one heating plate being electrically connected to the power source through the pin connector; and the at least one heating plate and the at least one temperature sensor being electronically connected to the controller through the pin connector.
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 heating mechanism” and “a mixing mechanism” in claim 1, wherein the generic place holder “mechanism” is preceded by the functional limitations “heating” and “mixing” respectively without sufficiently reciting what the terms structurally entail.
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.
Structural support for “heating mechanism” can be found in claim 3 wherein the heating mechanism is described as comprising least one heating plate and at least one temperature sensor. Thus, the heating mechanism is interpreted to be any heating plate with a temperature sensor and equivalent thereof for the purpose of this examination.
Structural support for “mixing mechanism” can be found in claim 3 wherein the mixing mechanism is described as comprising a blade hub, at least one blade, and a motor. Thus, the mixing mechanism is interpreted to be any rotatable blade connected to a motor for mixing and equivalent thereof for the purpose of this examination.
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 § 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.
Claim(s) 1 – 6, 8 – 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atinaja (US 2021/0022557 A1), hereinafter “Atinaja”, in view of Von Ludowig Horst Ulrich (DE 202010006484 U1,) and hereinafter “Von”.
Regarding claim 1, Atinaja discloses an herbal infusion and decarboxylation device (a temperature variable blender 100, FIG.1, *Note – the device being for “herbal infusion and decarboxylation” is considered as a preamble statement reciting purpose or an intended use that does not impart structural distinction from the prior art, see MPEP 21.02.II.) comprising:
an infusion chamber (a vessel assembly 110 with the lid assembly 105, see FIG.1);
an infusion mechanism (base assembly 115, see FIG.1);
a controller (controller 920, (0055 and see FIG.9));
a power source (power 950, (0060 and see FIG.9));
a plurality of lid accessories (lid cap 235, lid notches 220, lid safety member 230, lid markings 225, (0028 – 0031 and see FIG.2)), at least one selected accessory from the plurality of lid accessories being operatively integrated into the lid assembly, (the lid cap, notches, markings and safety member are all operatively integrated to the lid assembly (105, 200), (0028 – 0031 and see FIG.2);
the infusion chamber comprising a chamber body (vessel assembly 110, see FIG.1) and a lid assembly (lid assembly 105, see FIG.1);
the infusion mechanism comprising a housing (the base assembly 115 comprises a base housing 705, (0043 and see FIG.7)), a heating mechanism (heating element (415, 915) and temperature sensor 408, (0037 and see FIG.4)), and a mixing mechanism (a rotating blade assembly 505 connected to a motor, (0039 – 0040 and see FIG.5)); the chamber body being mounted onto the housing (please see FIG.1);
the lid assembly being mounted onto the chamber body, opposite to the housing (the lid assembly 105 is mounted onto vessel assembly 110, opposite the base assembly 115 comprising the housing, see FIG.1);
the mixing mechanism being operatively integrated into the chamber body (the blade assembly 505 is integrated into the vessel assembly, (0040 – 0041 and see FIG.1)), wherein the mixing mechanism is used to blend contents of the chamber body (the blade assembly 505 is used to blend or mix items, (0040 – 0041 and see claims 17 – 18));
the heating mechanism being in thermal communication with the chamber body (the heating element (415, 915) provides a variable thermal output to the vessel assembly, (0037));
the mixing mechanism and the heating mechanism being electronically connected to the controller (the rotating blade assembly 505 through the motor 955 and heating element (415, 915) are electronically connected to the controller 920, (0055, 0060 -0061 and see FIG.9)); and
the mixing mechanism, the heating mechanism, and the controller being electrically connected to the power source (the motor 955 rotating the blade assembly 505 and the heating element (415, 915) are electrically connected to the power source 950, see FIG.9).
Atinaja does not explicitly teach the plurality of lid accessories comprising an odor controlling assembly; wherein the at least one selected accessory is used to provide a supplemental functionality to the lid assembly;
However, Von that relates to an odor filter for eliminating frying odors (0001) with the objective of eliminating the odors that arise due to the heating of the food and the burning of fat by using a filtering element insertable to a lid of a frying pan (0001 – 0004). *Note here, Von is in the field of frying pan/lid accessories. Thus, Von is not in the same field of blending or infusing devices. However, it is reasonably pertinent to the problem of the claimed invention is trying to solve, reducing or minimizing odor arising from the infusion device. The MPEP states that a reference that is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention) is considered analogous art, see MPEP2141.01(a). I. As such, Von is analogues art as it satisfies the “reasonably pertinent” test.
Von discloses an odor activated carbon filtering element 2 insertable into a frying pan cover lid 1 to reduce or eliminate odor as a result of heating and frying fatty ingredients, (0005 – 0009 and see FIGS.1 – 3).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the lid assembly of Atinaja to include an odor controlling filter insertable into the lid aperture, used to provide a supplemental functionality of eliminating odor to the lid assembly as taught in Von. POSITA apprised of the activated carbon filtering element 2 insertable into a frying pan cover lid 1 for reducing and eliminating odor as a result of heating would easily and routinely include the same filter into the aperture of the lid beneath the raised removable lid cap 235 of the lid 200 with a reasonable expectation of success.
Regarding claim 2, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 1 comprising:
the chamber body comprising a chamber base (vessel assembly comprising collar 345 of, Atinaja (0034 and see FIG.3), a chamber lateral wall, and a chamber opening (the vessel assembly has lateral walls and vessel opening, see Atinaja’s FIG.3);
the chamber base being positioned opposite to the chamber opening about the chamber lateral wall (the collar 345 is positioned opposite the opening of the vessel assembly, see Atinaja’s FIG.3);
the chamber base being positioned coextensive with the housing (collar 345 is configured to coextensively mate with the base assembly 115 housing, Atinaja (0034));
the chamber base being mounted onto the housing (the collar is mounted into the base assembly 115 housing see Atinaja’s FIG.1); and
the lid assembly being mounted across the chamber opening (the lid assembly 105 is mounted across the vessel assembly opening, see Atinaja’s FIG.1).
Regarding claim 3, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 2 comprising:
the mixing mechanism (the blade assembly 505, see Atinaja’s FIG.5) comprising a blade hub (a blade shaft 520, see Atinaja’s FIG.5), at least one blade and a motor (a plurality of blades (515 a, 515 b, 515 c, 515 d) and a motor connected to the nut 525 to rotate the blade shaft 520, (0041 and see Atinaja’s FIG.5));
the heating mechanism comprising at least one heating plate (heating plate 410, Atinaja (0037 and see FIG.4)) and at least one temperature sensor (temperature sensor 408, Atinaja (0037 and see FIG.4);
the blade hub comprising a first hub end and a second hub end (the blade shaft 520 has a first end and a second end, see Atinaja’s FIG.5);
the blade hub centrally traversing through the chamber base and the at least one heating plate (the blade shaft 520 centrally traverses the base assembly and runs through the heating plate 510, Atinaja (0041 and see FIG.5));
the first hub end being rotatably connected to the chamber base (one end of the blade shaft 520 is rotatably connected the blades at the base of the vessel, see Atinaja’s FIG5);
the second hub end being rotatably connected to the at least one heating plate (the other end of the blade shaft 520 rotatably connected the heating plate 510, see Atinaja’s FIG.5);
the at least one temperature sensor being in thermal communication with the chamber body (the temperature sensor 408 is n thermal communication the interior of the blending vessel 305, Atinaja (0036));
the motor and the controller being mounted within the housing (the motor 955 and the controller 920 are located within the base assembly housing, Atinaja (0055, 0060, see FIG.9 and claim 1));
the motor being operatively coupled to the first hub end, wherein the motor is used to rotationally drive the first hub end (one end of the blade shaft 520 is connected to a motor through the connecting nut 525 in the base assemble, Atinaja (0041 and see FIG.5));
the at least one blade being torsionally connected to the second hub end (the other end of the blade shaft 520 is rotatably connected the blades, see Atinaja’s FIG.5, *Note here- “torsionally” is interpreted to mean rotatably);
the motor, the at least one heating plate, and the at least one temperature sensor being electronically connected to the controller (the motor 955, heating element 915, and temperature sensor 965 are electronically connected to the controller 920, see Atinaja’s FIG.9); and
the motor and the at least one heating plate being electrically connected to the power source (the motor 955 and the heating element 915 are electrically connected to the power 950 see Atinaja’s FIG.9).
Regarding claim 4, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 3 comprising:
the at least one heating plate comprising an annular plate body (the heating plate 410 is an annular plate body, see Atinaja’s FIG.4);
the annular plate body being positioned coextensive with the chamber base (the annular the heating plate 410 is coextensive the base assembly 115, see Atinaja’s FIG.4);
the annular plate body being mounted onto the chamber base (the annular the heating plate 410 is mounted the base assembly 115, see Atinaja’s FIG.4); and
the blade hub being centrally positioned with the annular plate body (the blade shaft 520 is centrally positioned with the annular plate body 510, see Atinaja’s FIG.5).
Regarding claim 5, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 3, wherein the at least one blade is a low emulsion pitched blade (the plurality of blades (515 a, 515 b, 515 c, 515 d) are variously pitched blades, see Atinaja’s FIG.5, *Note here -the term “low emulsion” is interpreted as material worked upon or intended use that does not impart patentability on the claimed structure (blades)).
Regarding claim 6, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 2 comprising:
a plurality of markings (a plurality of grooves 315, see Atinaja’s FIG.3);
the plurality of markings being distributed along the chamber lateral wall (the grooves are distributed along the vessel wall 305, see Atinaja’s FIG.3); and
the plurality of markings being inscribed onto the chamber lateral wall (the groves are inscribed onto the vessel 30 lateral wall, see Atinaja’s FIG.3).
Regarding claim 8, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 1 comprising:
a pin connector (an electrical interface 405, see Atinaja’s FIG.4);
the pin connector comprising a pin plug and a pin socket (the electrical interface 405 includes pin plugs that connects with the vessel assembly 300 and male pin configuration sockets that can mate with the base assembly 115, Atinaja (0035, and see FIG.4));
the pin plug being integrated into the chamber body, adjacent to the housing (the pin plugs of the electrical interface 405 are connected vessel assembly 300 adjacent to the base assembly housing, Atinaja (0035, and see FIG.4));
the pin socket being integrated into the housing, adjacent to the pin plug (the male pin configuration sockets mate with the base assembly 115, adjacent to the pin plug, Atinaja (0035, and see FIG.4));
the heating mechanism being electrically connected to the power source through the pin connector (the heating element 915 and the temperature sensor 965 are connected to the power 950 through the electrical interface 910, see Atinaja’s FIG.9); and
the heating mechanism being electronically connected to the controller through the pin connector (the heating element 915 and the temperature sensor 965 are connected to the controller 920 through the electrical interface 910, see Atinaja’s FIG.9);
Regarding claim 9, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 1 comprising:
the housing comprising a first housing base, a second housing base, and a housing lateral wall (the housing 705 comprises a top base, a bottom base and a lateral wall connecting the bases, see Atinaja’s FIG.7);
the first housing base being positioned opposite to the second housing base about the housing lateral wall (the bases are positioned on opposite (top, bottom) sides of the lateral wall, see Atinaja’s FIG.7); and
the chamber body being centrally mounted onto the first housing base (the vessel assembly 110 being centrally mounted onto the top base of the housing, see Atinaja’s FIG.1).
Regarding claim 10, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 9 comprising:
a user interface (user interface (735, 835, 935), see Atinaja’s FIG.7 - 9);
the user interface being integrated into the housing lateral wall (the user interface 735 is integrated into the housing lateral walls, see Atinaja’s FIG.7);
the user interface being electronically connected to the controller (the user interface 935 is electronically connected to the controller 920, see Atinaja’s FIG.9); and
the user interface being electrically connected to the power source (the user interface 935 is electrically connected to the power 950, see Atinaja’s FIG.9).
Regarding claim 11, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 9 comprising:
a heat-on visual indicator (a display screen 830, see Atinaja’s FIG.8);
the heat-on visual indicator being positioned around the housing lateral wall (the display screen 830 is on the lateral wall housing, see Atinaja’s FIG.7 – 8);
the heat-on visual indicator being positioned adjacent to the second housing base (the display screen 830 is positioned adjacent to the bottom base of the housing 705, see Atinaja’s FIG.7 – 8);
the heat-on visual indicator being integrated into the housing lateral wall (the display screen 830 is integrated into the lateral wall housing, see Atinaja’s FIG.7 – 8);
the heat-on visual indicator being electronically connected to the controller (the display screen 830 is part of user interface that is electronically connected to the controller 920, see Atinaja’s FIG.9); and
the heat-on visual indicator being electrically connected to the power source (the display screen 830 is part of user interface that is electrically connected to the power 950, see Atinaja’s FIG.9).
Regarding claim 12, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 9 comprising:
a plurality of legs (a plurality of pads 750, (0049 and see Atinaja’s FIG.7));
the plurality of legs being distributed across the second housing base (the plurality of pads 750 are distributed across the bottom base, see Atinaja’s FIG.7)); and
the plurality of legs being mounted onto the second housing base, opposite the housing lateral wall (the plurality of pads 750 are mounted onto the bottom housing base, opposite the housing lateral wall, see Atinaja’s FIG.7)).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atinaja in view of Von in further view of Ivarsson et al. (US 2018/0206677 A1) and hereinafter “Ivarsson”
Regarding claim 7, Atinaja in view of Von teaches the herbal infusion and decarboxylation device as claimed in claim 2, wherein the chamber lateral wall is made of a transparent material (the vessel 305 can be made of a glass material, (0032 and see Atinaja’s FIG.3).
Atinaja in view of Von failed to discuss the glass material is a transparent.
However, Ivarsson that relates a blender for blending ingredients (0001), also teaches the vessel (jar 24) is advantageously made of transparent glass so that the user can see the ingredients in the jar 24 during use, (0055).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to choose the glass vessel 305 of Atinaja to be transparent in order to let the user see the ingredients in the jar 24 during the blending process as taught in Ivarsson.
Allowable Subject Matter
Claims 13 – 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm 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, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DILNESSA B BELAY/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761