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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: element 424 in at least figures 1-2 and figure 5A. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-8 are objected to because of the following informalities:
Claim 1 lines 19-20 “a song disc coupled to said pitch pipe array, and and a steam driven piston” contains a minor typographical error and should read “a song disc coupled to said pitch pipe array, and a steam driven piston.”
Claim 8 lines 19-20 “a song disc coupled to said pitch pipe array, and and a steam driven piston” contains a minor typographical error and should read “a song disc coupled to said pitch pipe array, and a steam driven piston.”
Claims 2-7 recite “A musical tea kettle assembly of claim […]” and should read “ The musical tea kettle assembly of claim […]” to properly align with each respective parent claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 5, 11, 14, and 16 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.
Representative claim 5 recites the limitation “wherein said concave wings have a curved angle of approximately 30 degrees.” The language “approximately 30 degrees” is indefinite for failing to particularly point out a set value or a distinct fixed range of values for the “curved angle” as claimed. Under the broadest reasonable interpretation, “approximately 30 degrees” could be interpreted to mean any number of degree values at or around 30 degrees (Including, but not limited to, 30 degrees, 31 degrees, 29 degrees, 20 degrees, 40 degrees, and so on.).
Similarly, claims 11, 14, and 16 are indefinite for reciting the language “wherein said downward sloping angle is approximately 73 degrees”, “a curved angle of approximately 30 degrees”, and “having an angle of approximately 37 degrees”, respectively.
Accordingly, claim 6, claim 12, and claims 15-16 are rejected for their dependence upon rejected parent claim 5, claim 11, and claim 14, respectively.
For the purposes of examination, the language “approximately [number value] degrees” will be interpreted to encompass any number value or range of number values reasonably close to the value claimed in each instance, as would be understood by a person having ordinary skill in the art.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10 and 15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 15 recites the limitation “The singing tea kettle assembly of claim 14, wherein said concave wings radially extends perpendicularly by a distance of at least one inch.” Parent claim 14 recites this exact limitation: “wherein said concave wings extend radially from said handle assembly perpendicularly by a distance of at least inch.” Accordingly, claim 15 is rejected for failing to further limit the subject matter of parent claim 14.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-2 and 8-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hutter (US 4813368 A) further in view of Kamprath (EP 1541069 B1)1.
Regarding Claim 1: Hutter discloses (in at least figures 1-5, the description, and the claims) a musical tea kettle assembly (fig.’s 1-2 and col. 3 lines 9-19: musical tea kettle 10 with whistle unit 12), having
a unitary kettle body comprised of melded components (fig.’s 1-2 and col. 3 lines 9-19: musical tea kettle 10) including:
a kettle housing (fig. 1 and col. 3 lines 20-30: kettle body 14) having
a conically shaped pour spout (fig. 1 and col. 3 lines 20-30: contoured pour spout 18), said pour spout extending from a coupling ring joining said spout to said kettle body (fig.’s 1-2, col. 3 lines 20-30, and col. 3 line 52- col. 4 line 14: spout 18 extends from circumferential lip 40 lining the kettle opening 16), said kettle housing having an irregular geometric shape whose proximal portion forms an opening and distal portion forms a symmetric geometric base (fig.’s 1-2, col. 3 lines 20-30, and col. 3 line 52- col. 4 line 14: kettle body 14 with irregular geometric shape and opening 16 opposite);
said kettle housing having a handle bracket coupled to said kettle housing (fig.’s 1-2 and col. 3 lines 40-50: mounting bracket 26 anchors contoured base 22 of handle unit 20 to kettle body 14) and
a handle assembly pivotably attached to said handle bracket (fig.’s 1-2 and col. 3 lines 40-50: mounting bracket 26 anchors contoured base 22 of handle unit 20 to kettle body 14. See col. 3 line 52 – col. 4 line 14: handle unit 20 includes handle member 30 with lever pivotally supported on housing 14. See also claim 4.),
said handle assembly comprising a proximal shield portion and a distal handle portion (fig.’s 1-2 and col. 3 line 52 – col. 4 line 14: handle unit 20 includes “forward extension arm 36 protrudes forwardly from the trigger lever and is suitably connected to and supports 65 the whistle unit 12 in a normal position generally obstructing or closing the kettle opening 16” and handle member 30);
a music box assembly for producing music (fig.’s 2-5 and col. 4 lines 15-27: whistle unit 12), said music box assembly comprises a housing (fig.’s 2-5 and col. 4 lines 15-50: body of whistle unit 12 includes lower shuttle valve assembly 42 and an upper whistle 44 including a plurality of steam whistles and upper housing 52), a pitch pipe array mounted to said housing (fig.’s 2-5 and col. 4 lines 15-50: pitch pipes 60),
a song disc coupled to said pitch pipe array (fig. 3, fig. 5, and col. 5 lines 14-34: rotatable valve plate 66), and
a steam driven piston mechanism for actuating said song disc and pitch pipe array (fig. 3, fig. 5, and col. 5 lines 14-34: “valve ports 68 are arranged to rotate in a predetermined and pretimed fashion into alignment with the housing steam ports 54 to permit steam to discharge 25 upwardly into the whistle bodies 46 in a manner playing the selected tune.” See fig. 3, fig. 5, and col. 3 lines 46-55: “A piston 76 is carried in turn within the cylinder 72 for vertical reciprocation, with the piston 76 including a central guide sleeve 76' sliding over the central guide tube 69 of the housing 52. Outer downwardly projecting legs 77 on the piston 76 (FIGS. 3, 5 and 7) are guided within cylinder tracks 78 to prevent relative rotation between the cylinder 72 and piston 76. A helical compression spring 80 reacts between the cylinder 72 and the piston 76 to urge those components in opposite vertical directions.”); and
a steam diverting gasket having a circular body extending peripherally about said music box assembly housing (col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: peripheral seal 38).
Hutter does not explicitly disclose a stabilizing baseplate or wherein the distal handle portion has a set of concave wings.
Kamprath discloses an analogous art (fig. 1 and par. 23: electrically operated water boiler/kettle 1) including a kettle housing whose distal portion forms a symmetric geometric base (fig. 1 and par. 23: container 2), a stabilizing baseplate (fig. 1 and par. 44: base 91), and a handle assembly comprising a distal handle portion having a set of concave wings (fig. 7, par. 34, and par. 41: concave wings extending from main part 53 of the handle 9 at a distal end away from handle arm part 57. See par. 34: main part 53 of the handle 9 “has a mounting flange 56 molded from bottom to top on both sides, designed as strips, between the upper end of which the lower half extends as a half-shell of the actual handle arm lower part 57, which is molded as a single piece with the mounting flange 56 as a plastic part.”);
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the kettle assembly, as taught by Hutter, to be include the stabilizing baseplate and concave wings of Kamprath to provide a complete tea kettle system with a baseplate that complements the geometry of the kettle for more effective conduction of heat and power (Kamprath par. 91) and a robust handle with improved safety features that prevent the user from contacting the high temperatures of the kettle body (Kamprath fig. 5, fig. 7, par. 10, par. 12, and par. 15).
Regarding Claim 2: Hutter and Kamprath disclose the musical tea kettle assembly of claim 1, and Hutter discloses wherein said unitary kettle body is formed of stainless steel (col. 3 lines 20-30: kettle body 14 is made from stainless steel); and wherein said geometric shape of the kettle body is parabolic with a circular geometric base (fig.’s 1-2, col. 3 lines 20-30, and col. 3 line 52- col. 4 line 14: kettle body 14 with parabolic geometric shape and circular base).
Hutter does not explicitly disclose a stabilizing baseplate.
Kamprath discloses a geometric shape of the kettle body is parabolic with a circular geometric base (fig. 1 and par. 23: container 2) and stabilizing baseplate (fig. 1 and par. 44: base 91).
The motivation to combine is the same as for claim 1.
Regarding Claim 8: Hutter discloses (in at least figures 1-5, the description, and the claims) a musical tea kettle assembly (fig.’s 1-2 and col. 3 lines 9-19: musical tea kettle 10 with whistle unit 12), having
a unitary kettle body (fig.’s 1-2 and col. 3 lines 9-19: musical tea kettle 10) comprised of
a kettle housing (fig. 1 and col. 3 lines 20-30: kettle body 14) having
a pour spout (fig. 1 and col. 3 lines 20-30: contoured pour spout 18), said pour spout extending from a coupling ring joining said spout to said kettle body (fig.’s 1-2, col. 3 lines 20-30, and col. 3 line 52- col. 4 line 14: spout 18 extends from circumferential lip 40 lining the kettle opening 16), said kettle housing having an irregular geometric shape whose proximal portion forms an opening and distal portion forms a symmetric geometric base (fig.’s 1-2, col. 3 lines 20-30, and col. 3 line 52- col. 4 line 14: kettle body 14 with irregular geometric shape and opening 16 opposite), and
said kettle housing having a handle bracket coupled to said kettle housing (fig.’s 1-2 and col. 3 lines 40-50: mounting bracket 26 anchors contoured base 22 of handle unit 20 to kettle body 14) and
a handle assembly pivotably attached to said handle bracket (fig.’s 1-2 and col. 3 lines 40-50: mounting bracket 26 anchors contoured base 22 of handle unit 20 to kettle body 14. See col. 3 line 52 – col. 4 line 14: handle unit 20 includes handle member 30 with lever pivotally supported on housing 14. See also claim 4.),
said handle assembly comprising a proximal shield portion and a distal handle portion (fig.’s 1-2 and col. 3 line 52 – col. 4 line 14: handle unit 20 includes “forward extension arm 36 protrudes forwardly from the trigger lever and is suitably connected to and supports 65 the whistle unit 12 in a normal position generally obstructing or closing the kettle opening 16” and handle member 30) having a pivot (See col. 3 line 52 – col. 4 line 14: handle unit 20 includes handle member 30 with lever pivotally supported on housing 14. See also claim 4.);
a music box assembly for producing music (fig.’s 2-5 and col. 4 lines 15-27: whistle unit 12), said music box assembly comprises a housing(fig.’s 2-5 and col. 4 lines 15-50: body of whistle unit 12 includes lower shuttle valve assembly 42 and an upper whistle 44 including a plurality of steam whistles and upper housing 52), a pitch pipe array mounted to said housing (fig.’s 2-5 and col. 4 lines 15-50: pitch pipes 60),
a song disc coupled to said pitch pipe array (fig. 3, fig. 5, and col. 5 lines 14-34: rotatable valve plate 66), and
a steam driven piston mechanism for actuating said song disc and pitch pipe array (fig. 3, fig. 5, and col. 5 lines 14-34: “valve ports 68 are arranged to rotate in a predetermined and pretimed fashion into alignment with the housing steam ports 54 to permit steam to discharge 25 upwardly into the whistle bodies 46 in a manner playing the selected tune.” See fig. 3, fig. 5, and col. 3 lines 46-55: “A piston 76 is carried in turn within the cylinder 72 for vertical reciprocation, with the piston 76 including a central guide sleeve 76' sliding over the central guide tube 69 of the housing 52. Outer downwardly projecting legs 77 on the piston 76 (FIGS. 3, 5 and 7) are guided within cylinder tracks 78 to prevent relative rotation between the cylinder 72 and piston 76. A helical compression spring 80 reacts between the cylinder 72 and the piston 76 to urge those components in opposite vertical directions.”); and
a steam diverting gasket having a circular body extending peripherally about said music box assembly housing (col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: peripheral seal 38); and
wherein said pitch pipe array includes a set of pipes having ramped diverters formed thereon adjacent said steam discharge ports (fig.’s 3-4 and col. 4 line 51- col. 5 line 5: “Steam flowing between these surfaces is exhausted into the elongated interior of the associated pitch pipe 60 adjacent a discharge port 64 defined in part by an angled trailing knife edge 65 […].” See also fig. 5 and col. 5 lines 1-13: “pitch pipes 60 are oriented to extend angularly upwardly from their respective whistle bodies 46 so that any condensate produced therein will fall by gravity from the pitch pipe through the discharge ports 64 without interfering with whistle operation.”).
Hutter does not explicitly disclose a stabilizing baseplate or wherein the distal handle portion has a set of concave wings.
Kamprath discloses an analogous art (fig. 1 and par. 23: electrically operated water boiler/kettle 1) including a kettle housing whose distal portion forms a symmetric geometric base (fig. 1 and par. 23: container 2), a stabilizing baseplate (fig. 1 and par. 44: base 91), and a handle assembly comprising a distal handle portion having a set of concave wings (fig. 7, par. 34, and par. 41: concave wings extending from main part 53 of the handle 9 at a distal end away from handle arm part 57. See par. 34: main part 53 of the handle 9 “has a mounting flange 56 molded from bottom to top on both sides, designed as strips, between the upper end of which the lower half extends as a half-shell of the actual handle arm lower part 57, which is molded as a single piece with the mounting flange 56 as a plastic part.”);
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the kettle assembly, as taught by Hutter, to be include the stabilizing baseplate and concave wings of Kamprath to provide a complete tea kettle system with a baseplate that complements the geometry of the kettle for more effective conduction of heat and power (Kamprath par. 91) and a robust handle with improved safety features that prevent the user from contacting the high temperatures of the kettle body (Kamprath fig. 5, fig. 7, par. 10, par. 12, and par. 15).
Regarding Claim 9: Hutter and Kamprath disclose the musical kettle assembly of claim 8, and Hutter discloses wherein said diverters are of a ramped portion extending from the horizontal plane (fig.’s 3-4 and col. 4 line 51- col. 5 line 5: “Steam flowing between these surfaces is exhausted into the elongated interior of the associated pitch pipe 60 adjacent a discharge port 64 defined in part by an angled trailing knife edge 65 […].” See also fig. 5 and col. 5 lines 1-13: “pitch pipes 60 are oriented to extend angularly upwardly from their respective whistle bodies 46 so that any condensate produced therein will fall by gravity from the pitch pipe through the discharge ports 64 without interfering with whistle operation.” ).
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Regarding Claim 10: Hutter and Kamprath disclose the musical kettle assembly of claim 9, and Hutter discloses wherein said steam diverting gasket has a circular body extending peripherally about said music box assembly housing; and further comprises a lip extending radially from said circular body at a downward sloping angle (fig.’s 2-3 col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: circular peripheral seal 38 extends around circumference of upper housing 52 of whistle unit 12. As explicitly shown in figure 2, gasket 38 has a lip portion extending radially at a downward sloping angle. See diagram above.).
Regarding Claim 11: Hutter and Kamprath disclose musical kettle assembly of claim 10, and Hutter discloses wherein said downward sloping angle is approximately 73 degrees, and wherein said lip has a beveled ledge (fig.’s 2-3 col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: circular peripheral seal 38 extends around circumference of upper housing 52 of whistle unit 12. As explicitly shown in figure 2, gasket 38 has a lip portion extending radially at a downward sloping angle of approximately 73 degrees (As measured horizontally from the edge of seal 38 to the downward slope of the lip.) . Further, gasket 38 lip portion is shown having a beveled ledge. See diagram above.).
Further, it has been held that a change in size/proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPRQ 237 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art for downward sloping angle to be approximately 73 degrees, thereby effectively diverting steam and sealing the kettle body opening (See Hutter col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48).
Regarding Claim 12: Hutter and Kamprath disclose the musical kettle assembly of claim 11, and Hutter discloses wherein said song discs are interchangeable (fig. 3, fig. 5, and col. 5 lines 14-34: rotatable valve plate 66. See col. 5 lines 14-34: valve plates 66 with different selected valve port 68 configurations (and therefore different selected songs) are able to be arranged an operate in configuration of housing 52. See also col 1 lines 39- 55, col. 2 lines 3-19, col. 3 lines 9-19, and col. 4 lines 15-17: whistle unit 12 is designed to play selected tune as desired by the user. That is, the valve plate and whistle unit configuration allows different valve plates with different valve port configurations to be interchanged in order for different desired tunes to be played.)2.
Regarding Claim 13: Hutter discloses (in at least figures 1-5, the description, and the claims) a singing tea kettle assembly for boiling liquids (fig.’s 1-2 and col. 3 lines 9-19: musical tea kettle 10 with whistle unit 12) comprising
a unitary kettle body (fig.’s 1-2 and col. 3 lines 9-19: musical tea kettle 10) having
a rounded parabolic kettle housing (fig.’s 1-2, col. 3 lines 20-30, and col. 3 line 52- col. 4 line 14: kettle body 14 with irregular parabolic shape as shown), with a conical pour spout (fig. 1 and col. 3 lines 20-30: contoured pour spout 18);
a handle assembly pivotably attached to said kettle housing (fig.’s 1-2 and col. 3 lines 40-50: mounting bracket 26 anchors contoured base 22 of handle unit 20 to kettle body 14. See col. 3 line 52 – col. 4 line 14: handle unit 20 includes handle member 30 with lever pivotally supported on housing 14. See also claim 4.);
a music box assembly (fig.’s 2-5 and col. 4 lines 15-27: whistle unit 12) comprising a housing (fig.’s 2-5 and col. 4 lines 15-50: body of whistle unit 12 includes lower shuttle valve assembly 42 and an upper whistle 44 including a plurality of steam whistles and upper housing 52),
a fluid diverting sealing gasket having a circular body extending peripherally about said music box assembly housing (col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: peripheral seal 38); and
a whistle pitch pipe array mounted to said housing (fig.’s 2-5 and col. 4 lines 15-50: pitch pipes 60) for producing musical notes (fig.’s 2-5 and col. 4 lines 15-27: whistle unit 12 comprises a lower shutter valve assembly and “an upper whistle block 44 including a plurality of steam whistles for producing a respective plurality of different musical notes.” See column 4 line 28- col. 5 line 13: “steam film flows against this trailing edge to produce an audible whistle having a pitch in accordance with the overall size and shape, particularly length, of the pitch pipe. In this regard, it is noted that the four pitch pipes 60 associated with the four whistle bodies 46 have more than one length to produce musical whistle notes at different pitches.”), and
a steam driven piston mechanism for driving steam through said array (fig. 3, fig. 5, and col. 5 lines 14-34: “valve ports 68 are arranged to rotate in a predetermined and pretimed fashion into alignment with the housing steam ports 54 to permit steam to discharge 25 upwardly into the whistle bodies 46 in a manner playing the selected tune.” See fig. 3, fig. 5, and col. 3 lines 46-55: “A piston 76 is carried in turn within the cylinder 72 for vertical reciprocation, with the piston 76 including a central guide sleeve 76' sliding over the central guide tube 69 of the housing 52. Outer downwardly projecting legs 77 on the piston 76 (FIGS. 3, 5 and 7) are guided within cylinder tracks 78 to prevent relative rotation between the cylinder 72 and piston 76. A helical compression spring 80 reacts between the cylinder 72 and the piston 76 to urge those components in opposite vertical directions.”); and
wherein said tea kettle assembly comprises compounding steam diverting safety mechanisms for diverting boiling fluids away from a hand of a user (fig.’s 1-2 and col. 3 lines 40-50: handle unit 20 with contoured base 22. See col. 3 line 52 – col. 4 line 14: handle unit 20 includes “forward extension arm 36 protrudes forwardly from the trigger lever and is suitably connected to and supports 65 the whistle unit 12 in a normal position generally obstructing or closing the kettle opening 16” and handle member 30. See col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: peripheral seal 38. See also fig.’s 2-5 and col. 4 lines 15-50: pitch pipes 60); and
wherein a first steam diverting mechanism comprises a handle assembly (fig.’s 1-2 and col. 3 line 52 – col. 4 line 14: handle unit 20 includes “forward extension arm 36 protrudes forwardly from the trigger lever and is suitably connected to and supports 65 the whistle unit 12 in a normal position generally obstructing or closing the kettle opening 16” and handle member 30), and
wherein a second steam diverting mechanism includes said fluid diverting sealing gasket having a downward sloping beveled lip (col. 3 line 68 – col. 4 line 14, and col. 4 lines 28-48: peripheral seal 38);
wherein a third steam diverting mechanism comprises a set of ramped whistle pitch pipes (fig.’s 3-4 and col. 4 line 51- col. 5 line 5: “Steam flowing between these surfaces is exhausted into the elongated interior of the associated pitch pipe 60 adjacent a discharge port 64 defined in part by an angled trailing knife edge 65 […].” See also fig. 5 and col. 5 lines 1-13: “pitch pipes 60 are oriented to extend angularly upwardly from their respective whistle bodies 46 so that any condensate produced therein will fall by gravity from the pitch pipe through the discharge ports 64 without interfering with whistle operation.” ).
Hutter does not explicitly disclose a stabilizing baseplate or wherein the distal handle portion has a set of concave wings.
Kamprath discloses an analogous art (fig. 1 and par. 23: electrically operated water boiler/kettle 1) including a kettle housing whose distal portion forms a symmetric geometric base (fig. 1 and par. 23: container 2), a stabilizing baseplate (fig. 1 and par. 44: base 91), and a handle assembly comprising a distal handle portion having a set of concave wings (fig. 7, par. 34, and par. 41: concave wings extending from main part 53 of the handle 9 at a distal end away from handle arm part 57. See par. 34: main part 53 of the handle 9 “has a mounting flange 56 molded from bottom to top on both sides, designed as strips, between the upper end of which the lower half extends as a half-shell of the actual handle arm lower part 57, which is molded as a single piece with the mounting flange 56 as a plastic part.”);
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the kettle assembly, as taught by Hutter, to be include the stabilizing baseplate and concave wings of Kamprath to provide a complete tea kettle system with a baseplate that complements the geometry of the kettle for more effective conduction of heat and power (Kamprath par. 91) and a robust handle with improved safety features that prevent the user from contacting the high temperatures of the kettle body (Kamprath fig. 5, fig. 7, par. 10, par. 12, and par. 15).
Regarding Claim 14: Hutter and Kamprath disclose the singing tea kettle assembly of claim 13, and Kamprath discloses wherein said concave wings extend radially from said handle assembly perpendicularly by a distance and have a curved angle (fig.’s 2-3, fig. 7, par. 34, and par. 41: The concave wings as shown extend from main part 53 of the handle 9 at a distance and have curved at an angle within the range of 25-35 degrees (as measured from the horizontal line “I” to the outer perimeter edge of mounting flange 56 as shown in figure 2)).
Kamprath does not explicitly disclose wherein the distance by which the concave wings extend radially is at least on inch.
However, the embodiment wherein the distance by which the concave wings extend radially by at least one inch is an obvious variant of the embodiment disclosed by Hutter and Kamprath, wherein Kamprath discloses that the curved, concave wings as shown extend from main part 53 of the handle 9 at a distance sufficient to support the use of a standard sized electric water kettle (See Kamprath par. 2, par.’s 5-6) and provide protection for the user’s hand against the heat of the kettle body (See Kamprath par. 10, par. 12, and par. 15).
The motivation to combine is the same as for claim 13.
Further, it has been held that a change in size/proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPRQ 237 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art for the concave wings extend radially from said handle assembly perpendicularly by a distance of at least one inch and have a curved angle of approximately 30 degrees thereby allowing the user to effectively use and transport the teakettle and remain protected against the high temperatures of the kettle body.
Regarding Claim 15: Hutter and Kamprath disclose the singing tea kettle assembly of claim 14, and Kamprath discloses wherein said concave wings radially extends perpendicularly by a distance.
(fig.’s 2-3, fig. 7, par. 34, and par. 41: The concave wings as shown extend from main part 53 of the handle 9 at a distance and have curved at an angle within the range of 25-35 degrees (as measured from the horizontal line “I” to the outer perimeter edge of mounting flange 56 as shown in figure 2)).
Kamprath does not explicitly disclose wherein the distance by which the concave wings extend radially is at least on inch.
However, the embodiment wherein the distance by which the concave wings extend radially by at least one inch is an obvious variant of the embodiment disclosed by Hutter and Kamprath, wherein Kamprath discloses that the curved, concave wings as shown extend from main part 53 of the handle 9 at a distance sufficient to support the use of a standard sized electric water kettle (See Kamprath par. 2, par.’s 5-6) and provide protection for the user’s hand against the heat of the kettle body (See Kamprath par. 10, par. 12, and par. 15).
The motivation to combine is the same as for claim 13.
Further, it has been held that a change in size/proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPRQ 237 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art for the concave wings extend radially from said handle assembly perpendicularly by a distance of at least one inch thereby allowing the user to effectively use and transport the teakettle and remain protected against the high temperatures of the kettle body.
Regarding Claim 16: Hutter and Kamprath disclose the singing tea kettle assembly for boiling liquids of claim 15, and Hutter further discloses wherein said set of ramped whistle pitch pipes includes pipes with a ramped portion having an angle (fig.’s 3-4 and col. 4 line 51- col. 5 line 5: “Steam flowing between these surfaces is exhausted into the elongated interior of the associated pitch pipe 60 adjacent a discharge port 64 defined in part by an angled trailing knife edge 65 […].” See also fig. 5 and col. 5 lines 1-13: “pitch pipes 60 are oriented to extend angularly upwardly from their respective whistle bodies 46 so that any condensate produced therein will fall by gravity from the pitch pipe through the discharge ports 64 without interfering with whistle operation.” )
Hutter does not explicitly disclose the ramped portion having an angle of approximately 37 degrees.
However, the embodiment wherein angle of the ramped portion is approximately 37 degrees is an obvious variant of the embodiment disclosed by Hutter and Kamprath, wherein Hutter discloses ramped portion is curved at an angle sufficient for the discharge ports to divert steam and steam condensate away from the whistle unit to effectively prevent their interference with the whistle operation (fig.’s 3-5, col. 4 line 51- col. 5 line 5, and col. 5 lines 1-13).
Further, it has been held that a change in size/proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPRQ 237 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art for the angle of the ramped portion to be approximately 37 degrees thereby allowing the whistle operation to provide a clear distinct sound without interference (fig.’s 3-5, col. 4 line 51- col. 5 line 5, and col. 5 lines 1-13).
Claims 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hutter and Kamprath as applied to claim 2 above, and further in view of Lim (US 20120091119 A1).
Regarding Claim 3: Hutter and Kamprath disclose the musical tea kettle assembly of claim 2, and Hutter discloses wherein the distal handle portion comprise gripping means (fig. 1 and col. 3 lines 31-36: handle unit 20 is “designed for convenient handling of the tea kettle”. See also col. 3 lines 52-56: “contoured base 22 of the handle unit 20 extends generally in an upward direction adjacent the kettle upper opening 16 and then turns rearwardly away from the opening 16 to define an elongated and easily grasped 55 handle member 30”). Kamprath further discloses wherein said concave wings radially extend perpendicularly relative to a central axis of said handle (fig. 7, par. 34, and par. 41: concave wings extending from main part 53 of the handle 9 at a distal end away from handle arm part 57. See par. 34: main part 53 of the handle 9 “has a mounting flange 56 molded from bottom to top on both sides, designed as strips, between the upper end of which the lower half extends as a half-shell of the actual handle arm lower part 57, which is molded as a single piece with the mounting flange 56 as a plastic part.”);
The motivation to combine is the same as for claim 1.
Hutter and Kamprath do not disclose wherein the distal handle portion has a rubberized coating about its periphery.
Lim discloses an analogous art (fig.’s 1-2 and par. 34: electric tea kettle) including a handle (fig. 1, fig. 4, and par.’s 47-48: handle 40) wherein the distal handle portion has a rubberized coating about its periphery (fig. 1, fig. 4, and par. 48: rubberized grip 42 covering handle 40).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the rubberized coating, as taught by Lim, to be included in the device of Hutter and Kamprath to improve the user’s ability to grip the handle and maintain control over the kettle thereby improving the ease of use and overall safety of the device (Lim par. 48. See also par. 3: Kettle handle is designed for ease of use especially for those that are elderly or disabled and lack high levels of upper limb control.).
Regarding Claim 4: Hutter and Kamprath in view of Lim disclose the musical tea kettle assembly of claim 3, and Kamprath discloses wherein said concave wings radially extends perpendicularly by a distance (fig.’s 2-3, fig. 7, par. 34, and par. 41: The concave wings as shown extend from main part 53 of the handle 9 at a distance and have curved at an angle within the range of 25-35 degrees (as measured from the horizontal line “I” to the outer perimeter edge of mounting flange 56 as shown in figure 2)).
Kamprath does not explicitly disclose wherein the distance by which the concave wings extend radially is at least on inch.
However, the embodiment wherein the distance by which the concave wings extend radially by at least one inch is an obvious variant of the embodiment disclosed by Hutter, Kamprath and Lim, wherein Kamprath discloses the curved, concave wings as shown extend from main part 53 of the handle 9 at a distance sufficient to support the use of a standard sized electric water kettle (See Kamprath par. 2, par.’s 5-6) and provide protection for the user’s hand against the heat of the kettle body (See Kamprath par. 10, par. 12, and par. 15).
The motivation to combine is the same as for claim 3.
Further, it has been held that a change in size/proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPRQ 237 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art for the concave wings extend radially from said handle assembly perpendicularly by a distance of at least one inch thereby allowing the user to effectively use and transport the teakettle and remain protected against the high temperatures of the kettle body.
Regarding Claim 5: Hutter and Kamprath in view of Lim disclose the musical tea kettle assembly of claim 4, and Kamprath discloses wherein said concave wings have a curved angle of approximately 30 degrees. (fig.’s 2-3, fig. 7, par. 34, and par. 41: The concave wings as shown extend from main part 53 of the handle 9 at a distance and have curved at an angle within the range of 25-35 degrees (as measured from the horizontal line “I” to the outer perimeter edge of mounting flange 56 as shown in figure 2)).
The motivation to combine is the same as for claim 3.
Further, it has been held that a change in size/proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPRQ 237 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art for the concave wings to have a curved angle of approximately 30 degrees thereby allowing the user to effectively use and transport the teakettle and remain protected against the high temperatures of the kettle body (See Kamprath par. 2, par.’s 5-6, par. 10, par. 12, and par. 15).
Regarding Claim 6: Hutter and Kamprath in view of Lim disclose the musical tea kettle assembly of claim 5, and Hutter discloses wherein said conical pour spout has a beveled lip (fig. 1 and col. 3 lines 20-30: contoured pour spout 18 as shown has beveled lip).
Lim discloses wherein said gripping means comprises notches and protrusions on said rubberized coating (fig. 1, fig. 4, and par. 48: under surface grip 42 of handle 40 defines “a series of finger grooves 78 for facilitating gripping by a user.”).
The rationale to combine is the same as for claim 3.
Regarding Claim 7: Hutter and Kamprath in view of Lim disclose the musical tea kettle assembly of claim 3, and Hutter discloses wherein said pitch pipe array includes a set of whistle pipes, each sized and dimensioned to play a musical note (fig.’s 2-5 and col. 4 lines 15-27: whistle unit 12 comprises a lower shutter valve assembly and “an upper whistle block 44 including a plurality of steam whistles for producing a respective plurality of different musical notes.” See column 4 line 28- col. 5 line 13: “steam film flows against this trailing edge to produce an audible whistle having a pitch in accordance with the overall size and shape, particularly length, of the pitch pipe. In this regard, it is noted that the four pitch pipes 60 associated with the four whistle bodies 46 have more than one length to produce musical whistle notes at different pitches.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Hinton (US 4466327 A) discloses the invention according to certain limitations of claims 1, 7-8 and 13.
Weiss (US 6494161 B1) discloses the invention according to certain limitations of claims 1, 7-8 and 13.
Palm (US 7303100 B2) discloses the invention according to certain limitations of claims 2-3 and 14-16.
Gillisie (US D515349 S) discloses the invention according to certain limitations of claims 2-3 and 14-16.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 1/12/26
1 Citations made to attached translation of description.
2 Note: the valve port configuration as disclosed by Hutter in figure 3 is equivalent to the “interchangeable” song disc configuration disclosed by the applicant in figures 5A-5B of the present application.