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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-10 and 20 in the reply filed on 07/20/2026 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. This is not found persuasive because, as stated in the Requirement for Restriction/Election, a serious search and/or examination burden exists because one of more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (i.e. searching different classes/subclasses or electronic resources, or employing different search queries);
(d) the prior art applicable to one invention would not likely be applicable to another invention;
(e) the inventions are likely to raise different non-prior art issues under 35 USC 101 and/or 35 USC 112(a).
Of the above list, at least items (a), (b), and (e) would apply, and thus the requirement is still deemed proper and is therefore made FINAL.
Claims 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Staeger (US 3126196, hereinafter Staeger) in view of Dickson, JR. et al. (US PGPub 2016/0256005, hereinafter Dickson).
Regarding claim 1, Staeger discloses a gear assembly configured to mix food ingredients within a mixing cavity of a mixing bowl, the gear assembly comprising:
a drive shaft (figure 1, shaft 3) configured to couple with a drive coupler of the mixing bowl and rotate about a central axis within the mixing bowl (see figure 19); and
a gear assembly housing (cross member 2) spaced away from the drive coupler and configured to rotate about the central axis (column 2, lines 3-4), the gear assembly housing comprising:
a central gear (gear wheel 4) coupled to the drive shaft and arranged to rotate about the central axis in response to rotation of the drive shaft (column 2, lines 6-7);
a first gear (cooperating gear wheel 5) coupled to the central gear and extending radially away from the central axis in a first direction, the first gear arranged to rotate in response to rotation of the central gear, the first gear being coupled to a first accessory attachment interface (see figures 1 and 2, stirrer 1); and
a second gear (other cooperating gear wheel 5) coupled to the central gear and extending radially away from the central axis in a second direction different from the first direction, the second gear arranged to rotate in response to rotation of the central gear, the second gear being coupled to a second accessory attachment interface (see figures 1 and 2, stirrer 1).
Staeger is silent to the accessory attachment interfaces being configured to receive a detachable first and second accessory attachments. Dickson teaches a gear assembly configured to mix food (figures 17-19) having accessory attachment interfaces (see figure 17C) configured to receive a detachable first and second accessory attachments (whisks 234; paragraph 0161). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Staeger with detachable accessories for the purpose of making it easier to clean the attachments separate from the rest of the mixing tool (Dickson: paragraph 0161).
Regarding claim 2, Staeger discloses the first accessory attachment interface and the second accessory attachment interface are located on a bottom surface of the gear assembly housing (see figure 1).
Regarding claim 3, Staeger discloses the gear assembly is bottom-driven and a rotational movement of the gear assembly housing is driven by the drive coupler positioned below the gear assembly housing via the drive shaft (see figure 1).
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Staeger (US 3126196, hereinafter Staeger) in view of Dickson, JR. et al. (US PGPub 2016/0256005, hereinafter Dickson), as applied to claim 1 above, and further in view of Muller (US 4697929, hereinafter Muller).
Regarding claim 4, Staeger is silent to the accessories being driven at different rates. Muller teaches a gear assembly configured to mix food having a first and a second accessory (see figure 1) driven by gears wherein the first gear is configured to rotate the first accessory attachment within the gear assembly housing at a first rate, the second gear is configured to rotate the second accessory attachment within the gear assembly housing at a second rate, and the first rate is unequal to the second rate (column 6, lines 62-68). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Staeger with the different rates of Muller for the purpose of allowing for different types of mixing within the device when using different accessories (as shown in Muller). It is noted that the obviousness of using detachable accessories has been established above.
Claims 5, 6, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Staeger (US 3126196, hereinafter Staeger) in view of Dickson, JR. et al. (US PGPub 2016/0256005, hereinafter Dickson), as applied to claim 1 above, and further in view of Trust et al. (US 1485647, hereinafter Trust).
Regarding claim 5, Staeger is silent to a third accessory attachment as recited. Trust teaches a gear assembly configured to mix food ingredients including a gear assembly housing having first and second accessory attachments (see figures 1 and 2) and a third accessory attachment interface in the gear assembly housing (see figure 3), wherein the third accessory attachment interface is configured to receive a third accessory attachment (see figure 3). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Staeger with a third accessory attachment, as in Trust, because Trust indicates that two or three beaters may be used, and the three beater arrangement is preferred (page 1, lines 44-46). It is noted that the obviousness of using detachable accessories has been established above.
Regarding claim 6, Staeger is silent to a third accessory attachment. Trust is relied upon, as above, to teach a third accessory attachment, and further to teach the third accessory attachment is configured to rotate with respect to the gear assembly housing and rotation of the detachable third accessory attachment is driven by a third gear coupled to the central gear and extending radially away from the central axis in a third direction, the third gear arranged to rotate in response to rotation of the central gear (see figures 1 and 3). In the device of Trust, the third accessory attachment would clearly extend in a third direction using structure analogous to the two accessory system in figure 1, including a similar gear assembly as recited. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Staeger with a third accessory attachment, as in Trust, because Trust indicates that two or three beaters may be used, and the three beater arrangement is preferred (page 1, lines 44-46). It is noted that the obviousness of using detachable accessories has been established above.
Regarding claim 20, Staeger discloses a food processing device, comprising:
a mixing bowl defining a mixing cavity therein (see figure 1); and
a gear assembly, comprising:
a drive shaft (figure 1, shaft 3) configured to couple with a drive coupler of the mixing bowl and rotate about a central axis within the mixing bowl (see figure 19); and
a gear assembly housing (cross member 2) spaced away from the drive coupler and configured to rotate about the central axis (column 2, lines 3-4), the gear assembly housing comprising:
a central gear (gear wheel 4) coupled to the drive shaft and arranged to rotate about the central axis in response to rotation of the drive shaft (column 2, lines 6-7);
a first gear (cooperating gear wheel 5) coupled to the central gear and extending radially away from the central axis in a first direction, the first gear arranged to rotate in response to rotation of the central gear, the first gear being coupled to a first accessory attachment interface (see figures 1 and 2, stirrer 1); and
a second gear (other cooperating gear wheel 5) coupled to the central gear and extending radially away from the central axis in a second direction different from the first direction, the second gear arranged to rotate in response to rotation of the central gear, the second gear being coupled to a second accessory attachment interface (see figures 1 and 2, stirrer 1).
Staeger is silent to the accessory attachment interfaces being configured to receive a detachable first and second accessory attachments. Dickson teaches a gear assembly configured to mix food (figures 17-19) having accessory attachment interfaces (see figure 17C) configured to receive a detachable first and second accessory attachments (whisks 234; paragraph 0161). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Staeger with detachable accessories for the purpose of making it easier to clean the attachments separate from the rest of the mixing tool (Dickson: paragraph 0161).
Staeger is silent to a third accessory attachment as recited. Trust teaches a gear assembly configured to mix food ingredients including a gear assembly housing having first and second accessory attachments (see figures 1 and 2) and a third accessory attachment interface in the gear assembly housing (see figure 3). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Staeger with a third accessory attachment, as in Trust, because Trust indicates that two or three beaters may be used, and the three beater arrangement is preferred (page 1, lines 44-46).
Staeger, Dickson, and Trust all teach accessory attachment interfaces that are on a bottom surface of the gear assembly housing (Staeger: figure 1; Dickson: figure 17C; Trust: figure 1).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Staeger (US 3126196, hereinafter Staeger) in view of Dickson, JR. et al. (US PGPub 2016/0256005, hereinafter Dickson) and Trust et al. (US 1485647, hereinafter Trust), as applied to claim 5 above, and further in view of Lin (US PGPub 2021/0282597, hereinafter Lin).
Regarding claim 7, Staeger in view of Dickson and Trust is silent to the third accessory being fixed as recited. Lin teaches a gear assembly configured to mix food ingredients that includes three accessories (figure 1), including a third accessory (scraper 118) that is mounted to the gear assembly housing in a fixed manner such that rotational movement of the detachable third accessory attachment with respect to the gear assembly housing is prohibited (see figure 4). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the combination with a fixed third accessory for the purpose of allowing consistent scraping of the side of the bowl to loosen material stuck there, as depicted in Lin. It is noted that the obviousness of using detachable accessories has been established above.
Regarding claim 8, the cited references disclose various attachments, including beaters, hooks, and blades, and also disclose different attachments being used on the same device (Staeger: figure 1; Dickson: figures 16 and 17; Trust: figure 1; Lin: figures 1, 5, 6, and 7). To one of ordinary skill in the art before the effective filing date of the claimed invention, using any combination of known attachments, including the claimed combination, for the purpose of producing a desired mixing result.
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Staeger (US 3126196, hereinafter Staeger) in view of Dickson, JR. et al. (US PGPub 2016/0256005, hereinafter Dickson), as applied to claim 1 above, and further in view of Hosner et al. (US PGPub 2016/0143482, hereinafter Hosner).
Regarding claim 9. Staeger is silent to a release button. Hosner teaches a food missing accessory with a tool that incorporates a release button to remove the tool from the housing (paragraph 0011). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the combination with the release button of Hosner for the purpose of simplifying release of the accessory.
Allowable Subject Matter
Claim 10 is 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.
Claim 10 is deemed to contain allowable subject matter because it recites a release button positioned on the top surface of the gear assembly housing not reasonably disclosed, taught, or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art generally discloses gear-driven planetary mixers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire 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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/MARC C HOWELL/Primary Examiner, Art Unit 1774
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