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 .
Claims 21-40 are pending.
Application is a continuation of US application 16/827577, now US Patent No. 11849737.
Claim Rejections - 35 USC § 112
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 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are:
The relationship between the cup and the shaping components are not clearly detailed in the claims that one skilled in the art would be able to construct the claimed system. There is nothing in the claims that further provides how the cup is in relation to the rest of the claimed structures.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,849,737. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed structures of the ‘737 patent encompasses the claimed cup and the shaping components, including rim and matching shaping regions of the respective shaping components that are shaped similarly. Wherein, the shaping portion and shaping lid of the ‘737 patent that corresponds to the first and second shaping components.
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.
Claim(s) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over. ZOKU (NPL document, ZOKU Jack Ice Mold review, youtube) in view of DOWD (US D166179 S).
Re: 21, the ZOKU reference teaches of a system comprising:
a cup (see bottom portion of the jack of the lower mold half) for receiving;
a first shaping component, comprising:
a first rim, a first sidewall defining a first cavity, and a first shaping surface comprising one or more structural details;
a second shaping component, comprising:
a second rim, a second sidewall defining a second cavity, and a second shaping surface;
(see the rim between the two shaping halves and cavities of ZOKU, in forming the shape of the jack, see the four shaping portions of each halves that match, and wherein, the claimed structural detail is broadly interpreted to also include the shaping surface forming the jack protrusion portion which is a structural detail)
wherein the first cavity comprises a plurality of first shaping regions and the second cavity comprises a plurality of second shaping regions (see the mold halves of the ZOKU teaching);
wherein a shape of the first rim of the first shaping component is substantially similar to the second rim of the second shaping component.
(see teaching of the rims between the mold halves that have to align to form the shaping of the jack)
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See marked up Figure above, from time stamp 1:11 of the youtube review of the ZOKU jack ice molds.
Regarding “the cup for receiving a confection”, the claimed confection is seen as a material worked upon by the apparatus which does not further limit the claimed structure, see MPEP 2115.
ZOKU does not specifically state of the second shaping surface comprising one or more reliefs, as ZOKU instead teaches of a general shaping surface which matches with the corresponding shaping surface between the opposing shaping components.
DOWD teaches of a goblet with upper and lower shaping surfaces, see Figs. 1-4, see also Fig. 3 regarding the second shaping surface having reliefs.
It would have been obvious for one of ordinary skill in the art to have modify the second shaping surface of ZOKU as a change in shape with the reliefs as taught by DOWD regarding the additional shaping reliefs that are located upon the
Re: 23 (upon 21), wherein the one or more structural details of the first shaping component extend outward from the first shaping surface and are configured to press details into the confection.
In this regard, the structural details, this is shaping of the material worked upon, and the teaching of the combination of ZOKU in view of DOWD would include capabilities in forming the particular details in a material that is shaped in the mold.
Re: 24 (upon 21), wherein an amount of the one or more structural details of the first shaping surface corresponds to an amount of the one or more reliefs of the second shaping surface.
See the corresponding features between the details and reliefs on the respective shaping surfaces that would form together to form a protrusion of the jack.
Re: 25 (upon 21), wherein an amount of the one or more structural details of the first shaping surface is different from an amount of the one or more reliefs of the second shaping surface.
In this regard, the teaching of the DOWD reference show different shapes of the surfaces within the respective shaping surfaces which one skilled in the art would recognize as a change in shape to the desired shapes. Here, it would have been obvious for one of ordinary skill in the art to further modify ZOKU in view of DOWD with further modification of the surfaces as a change in shape of the different number of shapes between the structural details from the reliefs.
Re: 26 (upon 21), wherein first shaping surface further comprises lateral ridges defining different regions of plurality of first shaping regions such that first shaping surface does not impart a continuous shape onto the confection.
See teaching of the ZOKU regading the ridges formed in providing the different protrusions of the jack.
Re: 27 (upon 21), wherein the second shaping surface further comprises grooves defining different regions of plurality of second shaping regions such that second shaping region does not impart a continuous shape onto the confection.
See teaching of the ZOKU regading the ridges formed in providing the different protrusions of the jack.
Re: 28 (upon 21), wherein the first shaping component further comprises a channel disposed in the first sidewall and the second shaping component further comprises a latch disposed in the second rim, wherein the latch of the second shaping component is configured to connect to the channel of the first shaping component such that the second shaping component is removably connected to the first shaping component.
See the teaching of DOWD regarding a channel shaping along the shaping surface.
Re: 29 (upon 21), wherein the plurality of shaping regions comprise a concave shape configured for receiving and storing the shaved ice confection.
See teaching of the shaping regions in forming the jack, being concave shape.
Re: 30 (upon 21), wherein the first shaping component further comprises one or more first lateral ridges that are raised relative to the first shaping surface such that a height of the one or more first lateral ridges is substantially the same height as the first rim.
See teaching of the ridges that forms the respective shaping surfaces along the rim of the respective shaping components of ZOKU.
Re: 31 (upon 21), wherein the second shaping component further comprises one or more second lateral ridges that are raised relative to the second shaping surface such that a height of the one or more second lateral ridges is substantially the same height as the second rim.
See teaching of the ridges that forms the respective shaping surfaces along the rim of the respective shaping components of ZOKU, and appears as similar height.
Re: 32 (upon 21), wherein the first rim of the first shaping component comprises a first cusp interposed between adjacent first shaping regions of the plurality of first shaping regions, and the second rim of the second shaping component comprises a cusp interposed between adjacent second shaping regions of the plurality of second shaping regions.
The rim includes cusps as seen in the ZOKU regarding the mating of the shaping components together to form the jack shaped cavity for molding.
Re: 33 (upon 32), wherein the first cusp is a plurality of first cusps and the second cusp is a plurality of second cusps, and wherein an amount of the plurality of first cusps corresponds to an amount of the plurality of second cusps.
The respective rims of ZOKU having cusps for mating of the shaping components to form the mold cavity.
Re: 34 (upon 21), wherein a perimeter of the first rim of the first shaping component is greater than a perimeter of the second rim of the second shaping component such that the second shaping component can be depressed on to the first shaping component.
The one rim surrounds the second rim to form the mating position, as seen in the positioning of the mold halves together, see ZOKU.
Re: 35 (upon 21), wherein a perimeter of the second rim of the second shaping component is greater than a perimeter of the first rim of the first shaping component such that the first shaping component can be depressed on to the second shaping component.
The one rim surrounds the second rim to form the mating position, as seen in the positioning of the mold halves together, see ZOKU.
Re: 36 (upon 21), wherein the confection is deposited into either of the first shaping component or the second shaping component, and wherein a combination of the plurality of second shaping regions of the second shaping component and the plurality of first shaping regions of the first shaping component causes the confection to assume the shape of the plurality of first shaping regions of the first shaping component and the plurality of second shaping regions of the second shaping component when the second shaping component is in contact with the first shaping component.
See marked up Figure of ZOKU concerning the shaping components and the regions.
Re: 38, of a system, the claimed features are similar to those of the claimed features of claim 21 above with the additional:
wherein a height of the first component ridge is substantially similar to a height of the first rim such that the first component ridge defines adjacent first shaping regions of the plurality of first shaping regions;
wherein the adjacent first shaping regions do not overlap.
Here, the features also taught by the ZOKU teachings above for claim 21, as the component ridges between the shaping surfaces provide forming the respective protrusions of the shape of the jack.
Re: 39 (upon 38), wherein the second shaping component further comprises a second component ridge, and wherein a height of the second component ridge is substantially similar to a height of the second rim such that the second component ridge defines adjacent second shaping regions of the plurality of second shaping regions, and wherein the adjacent second shaping regions do not overlap.
See the shaping regions of the respective mold halves and includes a ridge that are the same as these are forming the jack protrusion portions in forming the shaped jack product, see ZOKU.
Re: 40 (upon 38), wherein the confection is deposited into either of the first shaping component or the second shaping component, and wherein a combination of the plurality of second shaping regions of the second shaping component and the plurality of first shaping regions of the first shaping component causes the confection to assume the shape of the plurality of first shaping regions of the first shaping component and the plurality of second shaping regions of the second shaping component when the second shaping component is in contact with the first shaping component.
See the shaping regions of the respective mold halves and includes a ridge that are the same as these are forming the jack protrusion portions in forming the shaped jack product, see ZOKU.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZOKU in view of DOWD as applied to claim 21 above, and further in view of LEE (US 5736075 A).
Re: 22 (upon 21), wherein the second shaping component further comprises a second exterior surface that is opposite to the second shaping surface, and wherein the one or more reliefs of the second shaping surface comprises one or more of a depression relief or an elevation relief for causing a confection to adopt imprinted details imparted by the depression relief or the elevation relief.
The ZOKU reference does not provide for the particular depression or elevation reliefs for imprinted details. Wherein, the DOWD reference teaches of general relief forming upon the second shaping component.
Further, the concept of molding surface having relief details can be further shown in the LEE reference, wherein, fine surface relief details that are engraved upon a mold cavity surface, upon which these can be impressed upon the surface of a final product, see Col. 3, lines 16-18. The fine surface relief details would include either depression or elevation to form the detailed surface upon the product.
Whereupon, it would have been obvious for one of ordinary skill in the art to have further modify the detail surface of the shaping components of the modified ZOKU with the fine details that can include depression or elevation relief as taught by LEE in order to form fine surface relief details upon the formed product from the shaping surface of the cavity.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZOKU in view of DOWD as applied to claim 21 above, and further in view of AUSTIN (US 4076207 A) and ZOROVICH (US 927244 B2).
Re: 37 (upon 21), wherein either of the first shaping component or the second shaping component comprises a handle, and wherein the second shaping component can be removably connected to the first shaping component such that a user can carry the system with the handle without the second shaping component disconnecting from the first shaping component.
Regarding the claimed handle of either first or second shaping component, see teaching of AUSTIN, regarding the main body of holder 12 that forms a handle for grasping and manipulation of the food mold 10, see Col. 3, lines 5-30.
Wherein, the body of the ZOKU reference having a similar main body, for reference see also in ZOROVICH of the main body 26 (wall) of the lower mold half, see Figs. 1-10, which having a similar body, ZOROVICH being related teachings of the ZOKU reference.
It would have been obvious for one of ordinary skill in the art to recognize from the teachings of the AUSTIN and ZOROVICH to recognize the teachings and structure of the modified ZOKU as also having the claimed handle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744