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, 8-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Prosenbauer (US 3661303).
Claim 1, Prosenbauer discloses a housing (B; FIG 1, 13) comprising:
a first portion (115; FIG 4-5, 8) attached to an outer surface of the frozen drink maker (Col 1, lines 1-2) adjacent to a spout (Figure 4-5, 8); and
a second portion (top of 107; FIG 4-5, 8) spaced apart from the spout and extending outward from the outer surface;
a lever (1) 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 (FIG 4-5, 8; Col 4, lines 21-22; Col 5, lines 35-41);
a link member (2, FIG 4-5; 2; FIG 8) operatively coupled to the lever (1); and
a seal (resilient pad; 109-110, 112; FIG 4-5, 8; Col 3, line 74 to Col 4, line 53, Col 5, lines 16 - 20) operatively coupled to the lever, the seal configured to seal the spout (5) 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 through the spout, and wherein rotating the lever causes the link member to rotate relative to the lever about a second pivot member (angle of 2 relative to the lever 1 about the pivot as shown in FIG 4-5, 8 changes when the lever is in use, therefore the cylinder is in rotation relative to the lever).
Claim 6, Prosenbauer discloses wherein the seal is angled at about 45-60 degrees with respect to the spout when the seal is in the open position (110, 120; FIG 4-5).
Claim 8, Prosenbauer discloses wherein the first pivot member comprises a pin (FIG 4-5, 8) extending through the second portion of the housing (top of 107) and through the lever (1).
Claim 9, Prosenbauer discloses wherein the seal is a lip seal (resilient pad formed from elastic material; 120; FIG 8; Col 4, lines 69-70).
Claim 11, Prosenbauer discloses wherein the housing is L- shaped (B; FIG 7-9).
Claim 12, Prosenbauer discloses rotating a lever (1; FIG 8) about a first pivot member (Col 5, lines 35-41) relative to a second portion of a housing (top portion of 107; FIG 8) of a dispensing assembly, the dispensing assembly further comprising a link member (106; FIG 8) operatively coupled to the lever, and the housing further comprising: a first portion (bottom portion of 107; FIG 8) attached to an outer surface of the frozen drink maker adjacent to the spout (Figure 8, 5); and the second portion (top portion of 107; FIG 8) spaced apart from the spout and extending outward from the outer surface, wherein rotating the lever causes a seal (resilient pad connected to 120; FIG 8; Col 5, lines 16 - 20) operatively coupled to the lever to move into an open position to allow dispensing of the drink product through the spout, wherein the seal is configured to seal the spout (5) in a closed position (FIG 8), and wherein rotating the lever causes the link member to rotate relative to the lever about a second pivot member (angle of the cylinder 106 relative to the lever 1 about the pivot as shown in FIG 8 changes when the lever is in use, therefore the cylinder is in rotation relative to the lever).
Claim Rejections - 35 USC § 103
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.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Prosenbauer as applied to claim 1 above, and further in view of Edmonds et al (US 20080282722 A1).
Claim 7, Prosenbauer substantially discloses the apparatus as claimed above but is silent on wherein the spout comprises a grate configured to prevent a user from inserting fingers into the spout.
Edmonds teaches wherein the spout comprises a grate (108; [0084]) configured to prevent a user from inserting fingers into the spout.
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 device of Prosenbauer with grate as taught by Edmonds in order to provide reduced size frozen beverage particles.
Allowable Subject Matter
Claims 2-5, 10, 14-15 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.
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
Prosecution Insights