DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8, 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Veettil et al. (US 20220257031 A1).
Claim 1, Veettil discloses a housing comprising:
a first portion (114) attached to an outer surface of the frozen drink maker adjacent to a spout (124); and
a second portion (FIG 9, top portion of 124 extending outward from taper of 22, adjacent to number 168) spaced apart from the spout and extending outward from the outer surface;
a lever (118; [0006] force may be applied at any point along actuator assembly 110 to operate) attached to the second portion of the housing, the lever being rotatable relative to the second portion of the housing about a first pivot member (154); and
a seal (162) operatively coupled to the lever, the seal configured to seal the spout in a closed position;
wherein rotation of the lever causes the seal to move into an open position to allow dispensing of a drink product ([0003]) through the spout (FIG 4-5, 8-9).
Claim 2, Veettil discloses a link member (120) operatively coupled to the lever (118), the link member being rotatable relative to the lever about a second pivot member (150); and
a bracket member (146) operatively coupled to the link member and attached to the first portion of the housing, the bracket member being rotatable relative to the link member about a third pivot member (152) and rotatable relative to the first portion of the housing about a fourth pivot member (134); wherein the seal is attached to the bracket member (seal 162 is connect to bracket 146 via linkage 120, 118 and 160).
Claim 3, Veettil discloses wherein the second pivot member (150) comprises a pin extending through the lever and through the link member ([0040]).
Claim 4, Veettil discloses wherein the third pivot member (152) comprises a pin extending through the bracket member and through the link member ([0040]).
Claim 5, Veettil discloses wherein the fourth pivot member (134) comprises a pin extending through the first portion of the housing and through the bracket member ([0038], [0043]).
Claim 6, Veettil wherein the seal is angled at about 45-60 degrees with respect to the spout when the seal is in the open position (FIG 9; the seal 162 is curved and as such when in the open position has a range, this is further modified by where the seal is measured relative to the spout. Further as no specific point on the spout is required, i.e. longitudinal axis, lateral, plane flush with outlet of spout, any range of about 45 degrees can be shown based on where the point of measure is taken).
Claim 8, Veettil discloses wherein the first pivot member (154) comprises a pin extending through the second portion of the housing and through the lever ([0041], [0043]).
Claim 10, Veettil discloses wherein the bracket member is L-shaped (146; FIG 4).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Young (US 4906486 A).
Claim 12, Young discloses rotating a lever (10) about a first pivot member (54) relative to a second portion of a housing (18, 62) of a dispensing assembly, the housing further comprising: a first portion (14) attached to an outer surface of the frozen drink maker adjacent to the spout (68); and the second portion spaced apart from the spout and extending outward from the outer surface; wherein rotating the lever causes a seal operatively coupled to the lever to move into an open position to allow dispensing of the drink product through the spout; and wherein the seal is configured to seal the spout in a closed position (when lever 10 is fully depressed 62 is sealed from further frozen material and will not dispense).
Allowable Subject Matter
Claims 7, 9, 11, 13-15 are 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: the prior art of record does not teach or provide motivation to form Dispensing Assembly for a Drink Maker comprising a composition of elements structurally related as set forth in claim(s) 7, 9, 11, 13-15. Specifically, the prior art fails to teach grate, lip seal housing shape, and combination of frozen drink maker with linkage actuator as described above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754
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