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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/15/2025, 09/30/2025 and 11/13/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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 of this title, 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 1-5, 8, 10-21 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Morten et al. Morten et al. (EP 2277386) in view of Ugolini (US 2013/0152620).
In regards to claim 1, Morten discloses a drink maker (machine 1) comprising: a housing (at least base 2; and shoulder 26); a mixing vessel (tank 3); an evaporator (6) configured to be received within the mixing vessel (3) when the mixing vessel is coupled to the housing (refer to ), and a collection tray (a collector 24) comprising: a collection chamber (see annotated Fig. 2 below) for receiving liquid (the elongated chamber, clearly visible in fig. 7 in the partially extracted position, being formed by a curved bottom surface facing and matching the shape of the evaporator, three side walls); and a handle (top portion of a dispensing tap 4; see annotated Fig. 1 below), wherein the collection chamber is configured to be removably inserted into a slot (a hole 25) in the housing (refer to par. 38), the slot underneath (bottom) at least a portion of the evaporator (6), (refer to par. 38) and external to the mixing vessel. Morten fails to explicitly teach the slot underneath being external to the mixing vessel.
Ugolini teaches a machine (Figs. 1-2 and 6) wherein the slot (slot space where the receiving tray or channel 104 is installed; par. 21; Figs. 2 and 6) in the housing (base 11; refer to pars. 21-22); the slot underneath (par. 21; Figs. 2 and 6) being external to the mixing vessel (container 12), (refer to par. 21; Also, as can be seen in Figs. 2 and 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drink maker of Morten such that the slot underneath to be external to the mixing vessel as taught by Ugolini in order to intercept the water condensate which flows down along the outer side walls of the container and collecting the condensate from the side walls of the container may be advantageously formed as part of the top surface of the base or engaged with this surface (refer to pars. 22 and 26 of Ugolini).
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In regards to claim 2, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein the collection chamber (elongated chamber) is vertically spaced from a bottom of the housing (2) when inserted into the slot (25), (as can be seen in Fig. 7).
In regards to claim 3, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein the collection chamber (elongated chamber) comprises an evaporator-facing surface (see annotated Fig. 2 below), the evaporator-facing surface having a shape (see annotated Fig. 2 below) at least partially corresponding to an outer surface of the evaporator (see annotated Fig. 2 below).
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In regards to claim 4, Morten as modified meets the claim limitations as set forth above in the rejection of claim 3. Further, Morten teaches wherein the shape is semi-cylindrical (see annotated Fig. above).
In regards to claim 5, Morten as modified meets the claim limitations as set forth above in the rejection of claim 3. Further, Morten teaches wherein the handle (top portion of a dispensing tap 4; see annotated Fig. 1 above) and the evaporator-facing surface at least partially, define the collection chamber (as can be seen in Fig. 7).
In regards to claim 8, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein a user-facing surface of the handle (see annotated Fig. 1 above) is configured to be flush with a user interface of the housing (see annotated Fig. 1 above) when the collection chamber is fully inserted into the slot (25).
In regards to claim 10, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein the slot (25) is defined between at least one rail (corresponding to engagement tooth 29; Fig. 7) and a top surface of the housing (26), (as can be seen in Fig. 7).
In regards to claim 11, Morten discloses a method of using a drink maker (machine 1), the drink maker (1) comprising a housing (at least base 2; and shoulder 26), a mixing vessel (containment tank 3; par. 21), an evaporator (6) configured to be received within the mixing vessel (3) when the mixing vessel (3) is coupled to the housing (refer to col.6, lines 8-10), and a collection tray (a collector 24) comprising a handle (front end of collector 24) and a collection chamber (see annotated Fig. 2 above) for receiving liquid (refer to par. 38), the method comprising: before the mixing vessel (3) is coupled to the housing (2), inserting the collection tray (24) into a slot (a hole 25) adjacent (near) the evaporator (refer to par. 38); after the collection tray (24) is inserted into the slot (25), coupling the mixing vessel (3) to the housing (2), but fails to explicitly teach wherein the slot being in the housing; the collection tray is external to the mixing vessel; and receiving the liquid in the collection chamber.
Ugolini teaches a method (Figs. 1-2 and 6) wherein the slot (slot space where the receiving tray or channel 104 is installed; par. 21; Figs. 2 and 6) in the housing (base 11; refer to pars. 21-22); the collection tray (receiving tray or channel 104) is external to the mixing vessel (container 12), (refer to par. 21; Also, as can be seen in Figs. 2 and 6); and receiving the liquid (condensate water) in the collection chamber (refer to pars. 21-22).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Morten such that the slot being in the housing; the collection tray to be external to the mixing vessel; and receiving the liquid in the collection chamber as taught by Ugolini in order to intercept the water condensate which flows down along the outer side walls of the container and collecting the condensate from the side walls of the container may be advantageously formed as part of the top surface of the base or engaged with this surface (refer to pars. 22 and 26 of Ugolini).
In regards to claim 12, Morten as modified meets the claim limitations as set forth above in the rejection of claim 11. Further, Ugolini teaches further comprising, before removing the collection tray (104) from the housing (base 11), removing the mixing vessel (12) from the housing (refer to pars. 21-22 and 26), Morten further teaches wherein removing the mixing vessel (3) from the housing (2/26) comprises removing the mixing vessel (3) and an attached dispenser (a dispensing tap 4) from the housing (2/26).
In regards to claim 13, Morten as modified meets the claim limitations as set forth above in the rejection of claim 11. Further, Ugolini teaches further comprising, after the mixing vessel (12) is removed from the housing (11), removing the collection tray (104), wherein removing the collection tray (104) from the housing (11) comprises pulling (pulled out) the handle toward a user (an operator; refer to par. 39).
In regards to claim 14, Morten as modified meets the claim limitations as set forth above in the rejection of claim 13. Further, Morten teaches wherein pulling the handle toward the user (operator) comprises sliding the collection tray along the slot (25) in the housing (26) toward the user (operator).
In regards to claim 15, Morten as modified meets the claim limitations as set forth above in the rejection of claim 14. Further, Morten teaches further comprising fully disengaging (removed from; par. 38) the collection tray (24) from the slot (25) in the housing (2/26).
In regards to claim 17, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein the collection chamber (elongated chamber) is configured to receive the liquid from an external surface of the mixing vessel (3), (refer to par. 37).
In regards to claim 18, Morten as modified meets the claim limitations as set forth above in the rejection of claim 17. Further, Morten teaches wherein the liquid received from the external surface of the mixing vessel (3) travels from at least one side of the mixing vessel (3), through a channel (auxiliary chamber 28 of the collector 24) formed between the external surface of the mixing vessel (3) and the housing (26), and into the collection chamber (elongated chamber), (refer to par. 37).
In regards to claim 19, Morten as modified meets the claim limitations as set forth above in the rejection of claim 18. Further, Morten teaches wherein the collection chamber has a curved bottom surface (see annotated Fig. 2 above), wherein the slot (25) is formed at least partly by a curved upper surface of the housing, and wherein a shape of the curved bottom surface of the collection chamber (see annotated Fig. 2 above) at least partially corresponds to a shape of the curved upper surface of the housing (see annotated Fig. 2 above).
In regards to claim 20, Morten as modified meets the claim limitations as set forth above in the rejection of claim 19. Further, Morten teaches wherein the collection chamber (elongated chamber) is vertically spaced from a bottom of the housing (2) when inserted into the slot (25), (as can be seen in Fig. 7).
In regards to claim 21, Morten as modified meets the claim limitations as set forth above in the rejection of claim 20. Further, Morten teaches wherein the handle (top portion of a dispensing tap 4; see annotated Fig. 1 above) and an evaporator-facing surface at least partially define the collection chamber (as can be seen in Fig. 7).
In regards to claim 23, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein the collection chamber has a curved bottom surface (see annotated Fig. 2 above), wherein the slot (25) is formed at least partly by a curved upper surface of the housing (see annotated Fig. 2 above), and wherein a shape of the curved bottom surface (see annotated Fig. 2 above) of the collection chamber (see annotated Fig. 2 above) at least partially corresponds to a shape of the curved upper surface of the housing (see annotated Fig. 2 above).
In regards to claim 24, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1. Further, Morten teaches wherein a curvature of a user-facing surface (see annotated Fig. 2 above) of the handle is configured to correspond to a curvature of a user-facing front edge of the mixing vessel (see annotated Fig. 2 above).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Morten et al. (EP 2277386) in view of Ugolini (US 2013/0152620), further in view of ELSOM et al. (US 2006/0207271).
In regards to claim 6, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1, but fails to explicitly teach wherein the collection chamber has a liquid volume capacity of 16 ounces.
ELSOM does however teach a sump 40 volume of particular sizing chosen for the various components is dependent upon the performance criteria to be met by the dispenser 10 (par. 47). In particular, ELSOM teaches that the samp volume being larger increases the rate of temperature decline (par. 40). Therefore, the samp volume recognized as result-effective variables, i.e. a variable which achieves a recognized result. In this case, the recognized result is the increasing the rate of temperature (par. 40). Therefore, since the general conditions of the claim, i.e. capacity or volume of sum relative to the system and design factors involved, were disclosed in the prior art by ELSOM, it is not inventive to discover the optimum workable range or value by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, to modify Morten, by setting the collection chamber to have a liquid volume capacity of 16 ounces.
Claims 7 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Morten et al. (EP 2277386) in view of Ugolini (US 2013/0152620), further in view of Seidler et al. (US 20130135964).
In regards to claims 7 and 22, Morten as modified meets the claim limitations as set forth above in the rejection of claims 1 and 21, but fails to explicitly teach wherein the removeable collection tray is made from a dishwasher-safe material. Seidler teaches an apparatus wherein the removeable collection tray (corresponding to an apparatus 10) is made from a dishwasher-safe material (refer to pars. 8 and 34).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Morten such that the removeable collection tray to be made from a dishwasher-safe material as taught by Seidler in order to withstand the heat, water pressure, and detergents without being damaged or having their functionality compromised (refer to pars. 8 and 34).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Morten et al. (EP 2277386) in view of Ugolini (US 2013/0152620), further in view of Pryor (US 2010/0232256).
In regards to claim 9, Morten as modified meets the claim limitations as set forth above in the rejection of claim 1, but fails to explicitly teach wherein an underside of the handle comprises one or more ribs for adding structural integrity between the handle and the collection chamber.
Pryor teaches a mixing device wherein an underside (bottom of) of the handle (handle 152) comprises one or more ribs (supporting rib 176) for adding structural integrity between the handle and the collection chamber (refer to par. 39).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Morten such that an underside of the handle comprises one or more ribs for adding structural integrity between the handle and the collection chamber as taught by Pryor in order to provide increased rigidity to the handle (refer to par. 39).
Response to Arguments
Applicant's arguments filed on 09/17/2025 have been considered but are moot in view of the newly cited reference of Ugolini (US 2013/0152620).
Unlike Morten, Ugolini teaches (Figs. 1-2 and 6) wherein the slot (slot space where the receiving tray or channel 104 is installed; par. 21; Figs. 2 and 6) in the housing (base 11; refer to pars. 21-22); the slot underneath (par. 21; Figs. 2 and 6) being external to the mixing vessel (container 12), (refer to par. 21; Also, as can be seen in Figs. 2 and 6) in order to intercept the water condensate which flows down along the outer side walls of the container and collecting the condensate from the side walls of the container may be advantageously formed as part of the top surface of the base or engaged with this surface (refer to pars. 22 and 26 of Ugolini).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTHA TADESSE whose telephone number is (571)272-0590. The examiner can normally be reached on 7:30am-5:00pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR)system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.T/
Examiner, Art Unit 3763
/CASSEY D BAUER/Primary Examiner, Art Unit 3763