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 § 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 and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilchrist (US 1,465,635):
Regarding claim 1, Gilchrist discloses stand mixer defining a vertical direction, a lateral direction, and a transverse direction, wherein the vertical direction, the lateral direction, and the transverse direction are mutually perpendicular, comprising a base (15); a support column (13,17) attached to the base and extending upwardly from the base; a column rail (30) mounted to the support column; a head attached to an upper end of the support column and extending from the support column above the base; a bowl lift framework (31,34) extending outwardly from the support column, the bowl lift framework coupled to the column rail, the bowl lift framework comprising a bar linkage (34) configured for moving vertically relative to the head when the bar linkage pivots relative to the support column (see solid vs phantom lines in Fig. 3); and a liquid reservoir disposed around the bar linkage inside of the support column, the liquid reservoir (the cavity bounded by 13 and 14) comprising a bottom wall (14) positioned above an interior of the base of the stand mixer along the vertical direction, the liquid reservoir configured to prevent liquid from entering the interior of the base (see Figs. 3 and 4).
Regarding claim 8, the liquid reservoir is fastened to the column rail with a plurality of fasteners (13b).
Regarding claim 9, Gilchrist discloses a stand mixer, comprising a base (15); a support column (13,17) attached to the base and extending upwardly from the base; a head (18,10) attached to an upper end of the support column and extending from the support column above the base; a bowl lift framework (31, 34) extending outwardly from the support column, the bowl lift framework comprising a bar linkage (34) configured for moving relative to the head when the bar linkage pivots relative to the support column (see solid vs phantom lines in Fig. 3); and a liquid reservoir (the cavity bounded by 13 and 14) disposed around the bar linkage inside of the support column.
Regarding claim 10, the liquid reservoir comprises a bottom wall (14) positioned vertically above an interior of the base of the stand mixer.
Regarding claim 11, a column rail (30) is mounted to the support column.
Allowable Subject Matter
Claims 2-7 and 12-18 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 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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