DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8-16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zani (US 4332539, hereinafter Zani) in view of Kui (WO 2020/157336, hereinafter Kui).
Regarding claim 1, Zani discloses a food processor comprising:
a base (figure 1, housing 1);
a mixing bowl (hopper 2) mountable on the base, the mixing bowl including:
a first opening (see figure 6, opening formed when lid 5 is up) arranged to receive unmixed food items, and
a second opening (figure 2, passage 19) arranged to output mixed food items;
a mixing assembly (shaft 4 and arms 4’) arranged to mix the unmixed food items in the mixing bowl to produce the mixed food items; and
an extruder (extruder 3) coupled to the base and arranged to receive the mixed food items via the second opening of the mixing bowl, the extruder including:
an extrusion housing (wall 3a) including an input opening aligned with the second opening of the mixing bowl (at passage 19); and
an auger (auger 9) positioned within the extrusion housing and arranged to receive the mixed food items via the input opening from the second opening of the mixing bowl and, while rotating, extrude the mixed food items via an extrusion output orifice (at die 11);
wherein the base comprises:
a first motor (column 4, line 54) operably coupled to drive the mixing assembly when the mixing bowl is coupled to the base.
Zani is silent to a data store and controller as recited. Kui teaches a food processor comprising a mixing chamber and an extruder including a base (figure 6) comprising a first motor (motor 30) operably coupled to drive the mixing assembly when the mixing bowl (chamber 20) is coupled to the base and a data store (device 42) arranged to store a plurality of computer-readable signals defining at least a first sequence of food processing instructions; and a controller (controller 40), in electronic communications with the data store, operable to execute the plurality of computer-readable signals, the execution of which: controls the first motor to actuate the mixing assembly for at least a first period of time to produce the mixed food items (page 5, lines 7-9); and controls rotation of the auger for at least a second period of time, causing extrusion of the mixed food items (page 14, lines 26-31). 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 Zani with the motor, data store, and controller for the purpose of automating the process of producing food using the device.
Regarding claim 2, Zani is silent to a user interface. Kui teaches a user interface (figure 6, touch screen 16) arranged to: receive input from a user associated with executing at least the first sequence (page 8, lines 26-28); output status information associated with a first food processing sequence of the plurality of food processing sequences; and/or output one or more cues to a user to perform one or more actions associated with the first food processing sequence. 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 Zani with a user interface for the purpose of allowing a user to control the device and to receive status information related to the use of the device.
Regarding claim 3, Zani discloses the extruder including a door assembly (figure 3, gate 13) configurable in an open position and a closed position via a handle (handle 32) operable by a user, wherein the second opening is open when the door assembly is in the open position and the second opening is closed when the door assembly is in the closed position (column 6, lines 4-8).
Regarding claims 4 and 5, Zani is silent to cues as recited, although Zani discloses the importance of moving material between the mixing vessel and the extruder at the proper time (column 6, lines 35-40). Kui teaches the device being configured to provide cues to a user to indicate user actions are required (page 10, lines 18-30). In view of the teachings of the references, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided cues for moving the door assembly and adding material to the container for the purpose of aiding the user in properly operating the device to achieve a desired product.
Regarding claim 8, Zani discloses the extruder includes a cutting device (figure 2, blade 10) arranged to cut portions of the extruded mixed food items being extruded from the extrusion output orifice (at die 11).
Regarding claim 9, Zani is silent to a controller. Kui teaches a controller (figure 6, controller 40) configured to control various aspects of the device. In the proposed combination, the controller would control the rotation of the auger, and thus also the rotation of the cutting device because it rotates with the auger of Zani. 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 device of Zani with the controller of Kui and to have the controller control operation of the cutting device for the purpose of automating the process of producing food using the device. It is noted that claim 9 does not require that the controller be configured to perform the recited function, but merely that it performs the recited function, which is a method step rather than a structural requirement of the controller.
Regarding claim 10, Zani is silent to a controller. Kui is relied upon, as above, to teach a controller, and further to teach the controller being a computer processor (page 8, lines 11-13). 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 device of Zani with the controller of Kui for the purpose of automating the process of producing food using the device.
Regarding claim 11, Zani discloses method for processing food items using a food processor including a base (figure 1, housing 1) having a first motor (column 4, line 54), a mixing bowl (hopper 2) coupled to the base, an extruder (extruder 3) coupled the base and having a rotatable auger (auger 9), the method comprising: receiving, by the mixing bowl, unmixed food items via a first opening (column 5, lines 24-25); outputting, by the mixing bowl, mixed food items via a second opening (column 6, lines 7-8); and receiving, by the extruder, the mixed food items via the second opening (column 6, lines 7-8).
Zani is silent to a data store and controller as recited. Kui teaches a food processor comprising a mixing chamber and an extruder including a base (figure 6) comprising a first motor (motor 30) operably coupled to drive the mixing assembly when the mixing bowl (chamber 20) is coupled to the base and a data store (device 42) storing a plurality of food processing instruction programs associated with a plurality of food processing sequences, a user interface (touch screen 16), and a controller (controller 40), the method including operating, by the controller, the first motor during the first food processing sequence based on a first food processing program associated with the first food processing sequence (page 5, lines 7-9); and controlling, by the controller, rotation of the auger during the first food processing sequence (page 14, lines 26-31). 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 Zani with the motor, data store, and controller for the purpose of automating the process of producing food using the device.
Regarding claim 12, Zani is silent to a user interface. Kui is relied upon, as above, to teach a user interface, and further to teach outputting, by the user interface, status information associated with a first food processing sequence of the plurality of food processing sequences (page 10, lines 18-30); sending, by the controller, one or more cue instructions to the user interface associated with one or more cues to be output to the user (page 10, lines 18-30); outputting, by the user interface, the one or more cues to the user to perform one or more actions associated with the first food processing sequence (page 10, lines 18-30); and receiving, by the user interface, a user input associated with executing the first food processing sequence (page 8, lines 25-29). 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 Zani with a user interface for the purpose of allowing a user to control the device and to receive status information related to the use of the device.
Regarding claim 13, Zani discloses a door assembly (figure 3, gate 13) comprising a feed chute connects the second opening and the extruder wherein the assembly is configurable in an open position and a closed position (see figures 3 and 4), wherein the second opening is open when the door assembly is in the open position and the second opening is closed when the door assembly is in the closed position (column 6, lines 4-8).
Regarding claim 14, Zani discloses a handle (figure 3, handle 32) operable by the user to move the door assembly to the open position or the closed position.
Regarding claims 15 and 16, Zani is silent to cues as recited, although Zani discloses the importance of moving material between the mixing vessel and the extruder at the proper time (column 6, lines 35-40). Kui teaches the device being configured to provide cues to a user to indicate user actions are required (page 10, lines 18-30). In view of the teachings of the references, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided cues for moving the door assembly and adding material to the container for the purpose of aiding the user in properly operating the device to achieve a desired product.
Regarding claim 19, Zani discloses the extruder includes a cutting device (figure 2, blade 10) arranged to cut portions of the extruded mixed food items being extruded from the extrusion output orifice (at die 11).
Regarding claim 20, Zani is silent to a controller. Kui teaches a controller (figure 6, controller 40) configured to control various aspects of the device. In the proposed combination, the controller would control the rotation of the auger, and thus also the rotation of the cutting device because it rotates with the auger of Zani. 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 method of Zani with the controller of Kui and to have the controller control operation of the cutting device for the purpose of automating the process of producing food using the device.
Claims 6, 7, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zani (US 4332539, hereinafter Zani) in view of Kui (WO 2020/157336, hereinafter Kui), as applied to claims 1 and 11 above, and further in view of Wang et al. (US PGPub 2017/0295803, hereinafter Wang).
Regarding claim 6, Zani is silent to a second motor as recited. Wang teaches a food processor having a mixing bowl, a mixing assembly, and extruder, an auger (figures 2 and 3), a first motor operably coupled to the mixing assembly, and a second motor operably coupled to the auger, the second motor arranged to rotate the auger (paragraph 0078). 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 of Zani and Kui with a second motor, as in Wang, for the purpose of allowing for independent control of the mixing assembly and the auger.
Regarding claim 7, Zani is silent to a second motor. Wang is relied upon, as above, to teach a second motor, and further to teach a controller configured to operate the second motor during the first food processing sequence based on a first food processing program (paragraph 0078). 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 of Zani and Kui with a second motor, as in Wang, for the purpose of allowing for independent control of the mixing assembly and the auger.
Regarding claim 17, Zani is silent to a second motor as recited. Wang teaches a food processor having a mixing bowl, a mixing assembly, and extruder, an auger (figures 2 and 3), a first motor operably coupled to the mixing assembly, and a second motor operably coupled to the auger, the second motor arranged to rotate the auger (paragraph 0078). 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 of Zani and Kui with a second motor, as in Wang, for the purpose of allowing for independent control of the mixing assembly and the auger.
Regarding claim 18, Zani is silent to a second motor. Wang is relied upon, as above, to teach a second motor, and further to teach a controller configured to operate the second motor during the first food processing sequence based on a first food processing program (paragraph 0078). 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 of Zani and Kui with a second motor, as in Wang, for the purpose of allowing for independent control of the mixing assembly and the auger.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kui (WO 2020/157336, hereinafter Kui) in view of Zani (US 4332539, hereinafter Zani).
Regarding claim 21, Kui discloses a non-transitory computer-readable storage medium (figure 6, device 42) storing instructions including a plurality of food processing instruction programs associated with a plurality of food processing sequences which when executed by a computer cause the computer to perform a method for processing food items using a food processor including a mixing bowl (chamber 20), an extruder (extruder 24), and a base (see figure 6) having a first motor (motor 30), a data store (device 42), a user interface (touch screen 16), and a controller (controller 40), the method comprising: operating, by the controller, the first motor during the first food processing sequence based on a first food processing program associated with the first food processing sequence (page 5, lines 7-9); and controlling, by the controller, rotation of the auger during the first food processing sequence (page 14, lines 26-31).
Kui does not explicitly disclose an auger within the extruder. Zani teaches a food processing device having an extruder (figure 2, extruder 3) containing an auger (auger 9). 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 device of Kui with an auger because an auger is a known device used for moving material through an extruder.
Regarding claim 22, Kui discloses outputting, by the user interface, status information associated with a first food processing sequence of the plurality of food processing sequences; sending, by the controller, one or more cue instructions to the user interface associated with one or more cues to be output to a user; outputting, by the user interface, the one or more cues to the user to perform one or more actions associated with the first food processing sequence; and receiving, by the user interface, a user input associated with executing the first food processing sequence (page 8, lines 27-28; page 9, lines 30-34). The cited passages describe the user interface being used to control operation of the device (i.e. the receiving step above) and the user interface displaying information and instructions to the user (i.e. outputting and sending steps above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art generally discloses food processing devices having mixing vessels and extruders.
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.
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, 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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