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 submitted information disclosure statement(s) (IDS) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Response to Amendments
The two amendments filed on October 27, 2025 and December 8, 2025 have been entered. Accordingly, claims 8, 19, 24 and 27 are canceled, wherein claims 1-7, 9-18, 20-23 and 25-26 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-7, 9-18, 20-23 and 25-26 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Claim 1 contains the following issues:
The claim was amended to include two additional steps for the controller to: “determine the temperature offset based on the selection of the drink type and the manual temperature adjustment” and “determine an adjusted target temperature based on the temperature offset and the first temperature value”. As currently recited, the controller is claimed to perform, inter alia: A) an initial determination for a temperature based on the drink selection (e.g., T1); B) a temperature offset determination based on the selected drink plus a manual adjustment (e.g., TOFFSET = T1 ± adjustment); and C) an additional adjustment temperature determination based on the offset and the initial temperature value determination (e.g., TADDITIONAL = TOFFSET ± T1). In other words, the claim now requires three calculations, namely: T1, representing the initial drink type selection; TOFFSET, representing the initial selection plus the manual adjustment; and TADDITIONAL, representing an adjusted temperature based on the offset plus the initial drink selection temperature value.
Applicant points to ¶¶ 61-66 of the specification as support for these amendments in the Remarks. However, a review of those paragraphs appears to only show support for one of the newly amended steps, not both. A summary of those paragraphs shows that:
¶ 61 describes Figure 5, wherein there exists a “manual temperature adjustment and/or temperature offset indicator 506” and a “manual temperature adjustment interface 508”. The interface (508) allows the user to adjust a temperature within a band (602 in Figure 6)
¶ 62 describes Figure 6, which shows a graph (600) of temperature settings that may be stored in memory. The user may “fine tune or adjust” the target temperature by setting the temperature offset through the interface (508).
¶ 63 describes how each of the buttons (507, 509) allow the user to increase or decrease the manual temperature adjustment. The indicator (506) portrays whether the offset is negative or positive from the original drink selection/recipe temperature.
¶ 64 describes another user interface (Figure 7) that uses a dial (704) instead of buttons, per se. the user may initially select a drink recipe, and then adjust the offset manually.
¶ 65 describes a graph (800 in Figure 8) of temperature values associated with automatic recipe temperatures and manual adjustments. It describes the temperature values versus each offset setting adjustment, along with illuminative or audible feedback to indicate when the target temperature is reached for the user.
¶ 66 describes that the user can decrease or increase the offset temperature or thickness settings by turning the dial (704). It also describes different types of interfaces (e.g., touch screen, slider switch, etc.).
There is no apparent recitation that creates an “additional” temperature determination step. Rather, after the drink type is selected (i.e., T1 is determined), the written description simply states that it can be manually adjusted via the interface. None of the paragraphs seem to disclose, teach or suggest a third calculation where the offset temperature determination is used in yet another determination by the controller. In other words, the original written description appears to only describe the drink selection temperature determination and a single adjustment based on the manual temperature selection. The third step of determining an additional temperature based on the selected offset and the initial drink type temperature value is not explicitly recited, nor does the original specification appear to provide evidentiary support therefor. As such, the amendments are considered to be drawn to new matter.
Claim 12 contains the same issues as claim 1.
Any remaining claims are rejected at least by virtue of their dependency.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 7, 9-16, 18 and 20-23 and 25-26 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Guidorzi et al. (US 20140134299 A1), herein Guidorzi.
As per claim 1, Guidorzi discloses a drink maker (1; see fig. 1) comprising: a mixing vessel (2, 112) arranged to receive a drink product (see ¶ 60); a dasher (6, 114), driven by a drive motor (128), arranged to mix the drink product within the mixing vessel (¶ 107 and fig. 10); a cooling circuit (5, 131, 113, etc.) comprising an evaporator (113, per se), the evaporator being arranged inside the mixing vessel (112; see fig. 10) to cool the drink product within the mixing vessel (¶ 108), wherein, during mixing of the drink product (via 6, 114, etc.), portions of the drink product freeze against a surface of the evaporator (see at least ¶¶ 44-45, 65, & 96); a temperature sensor (9) arranged to detect a temperature associated with the drink product and output a temperature signal indicative of the detected temperature (¶¶ 18-19, 74, etc.); a non-transitory storage medium (i.e., memory of 7; see ¶¶ 69, 72-73, etc.) arranged to store a first temperature value corresponding to a first target temperature (evident from at least ¶¶ 19, 23, etc.); a user interface (2, 4, 20 and related components) arranged to receive, from a user, a selection of a drink type1 (e.g., via 4, 27-28, 31, etc.) and an input associated with a manual temperature adjustment (see fig. 2 and ¶¶ 16, 74-75, 111, etc.), the manual temperature adjustment associated with a temperature offset (e.g., a threshold; see at least ¶¶ 18-19, 34-35, 65, 70, 121, etc.); and a controller (7 and related components; see fig. 3), in communication with the non-transitory storage medium (see at least ¶ 69), arranged to: i) receive the temperature signal (from 9; see fig. 3); ii) determine the first temperature value based on the selection of the drink type (evident from at least ¶¶ 19, 70, 105, and 121); and iii) determine the temperature offset based on the selection of the manual temperature adjustment (see at least lines 13-14 of ¶ 82); iv) determine an adjusted target temperature based on the temperature offset and the first temperature value (¶¶ 109-110 and 121); and v) control the temperature associated with the drink product by controlling the cooling circuit (5, 131, 113, etc.) based on the received temperature signal (¶¶ 19, 22-23, 65, etc.) and the adjusted target temperature (see at least ¶¶ 72, 82, 109, 121).
As per claim 2, Guidorzi discloses wherein the temperature associated with the drink product includes at least one of a temperature of the drink product (¶ 74), a temperature of a cooling element used to cool the drink product (¶ 65), and a temperature of a refrigerant used to cool the drink product (¶ 108).
As per claim 3, Guidorzi discloses wherein, when determining the adjusted target temperature, the controller is configured to add the temperature offset to the first target temperature (evident from ¶ 82).
As per claim 4, Guidorzi discloses wherein the manual temperature adjustment includes one of a positive and negative temperature value (evident from the ranges described in at least ¶ 65).
As per claim 5, Guidorzi discloses wherein the manual temperature adjustment includes a range of temperatures including temperatures that are at least one of at, above, and below the first target temperature (evident from at least ¶ 65).
As per claim 7, Guidorzi discloses wherein the non-transitory storage medium includes a plurality of drink objects (the “different types of products” described in ¶ 82), each of the drink objects representing a respective drink type and specifying a temperature value corresponding to a respective target temperature (evident from at least ¶ 105).
As per claim 9, Guidorzi discloses wherein the evaporator (113) is part of a closed loop refrigeration circuit (131) including a condenser and a compressor (i.e., part of the “known” components of the circuit 131; see ¶ 108) , the controller (7, etc.) being configured to control the temperature associated with the drink product by activating the compressor to circulate the refrigerant through the evaporator to cool the drink product (as described in ¶¶ 65, 108, etc.) and deactivating the compressor to stop a flow of the refrigerant through the evaporator to stop cooling of the drink product (e.g., during standby; see ¶ 115).
As per claim 10, Guidorzi discloses wherein the controller (7, etc.) controls the temperature associated with the drink product by comparing the received temperature signal (from 9) to the adjusted target temperature (¶ 82), and, in response, activating or deactivating the cooling circuit (131) to match the received temperature signal to the adjusted target temperature (via feedback, ¶ 77), and, thereby, adjusting the temperature associated with the drink product to about2 adjusted target temperature (evident from at least ¶¶ 65, 77).
As per claim 11, Guidorzi discloses wherein the controller (7) is further arranged to receive an input (e.g., via 27, 28) from the user interface (20), and wherein the input received from the user interface is indicative of a desired thickness (e.g., density) of the cooled drink product (¶ 109), the desired thickness corresponding to the manual temperature adjustment (see ¶ 82).
As per claim 12, Guidorzi discloses a method for making a drink product (using the system 1) comprising: receiving, into a mixing vessel (2, 112), the drink product (¶ 60); mixing, using a dasher (6, 114) driven by a drive motor (128), the drink product within the mixing vessel (¶ 107 and fig. 10); cooling, using a cooling circuit (131) comprising an evaporator (113), the drink product within the mixing vessel (¶ 108), the evaporator (113) being arranged inside the mixing vessel (2, 112), wherein during mixing of the drink product (via 6, 114), portions of the drink product freeze against a surface of the evaporator (see at least ¶¶ 44-45, 65, & 96); detecting, via a temperature sensor (9), a temperature associated with the drink product and outputting a temperature signal indicative of the detected temperature (¶¶ 18-19, 74, etc.); storing, in a non-transitory storage medium (i.e., memory of 7; see ¶¶ 69, 72-73, etc.), a first temperature value corresponding to a first target temperature (see at least ¶¶ 19, 23, etc.); receiving, via a user interface (2, 4, 20 and related components), a selection of a drink type (e.g., via 4, 27-28, 31, etc.) and an input associated with a manual temperature adjustment (see fig. 2 and ¶¶ 16, 74-75, 111, etc.), the manual temperature adjustment associated with a temperature offset (e.g., a threshold; see at least ¶¶ 18-19, 34-35, 65, 70, 121, etc.); receiving, at a controller (7), the temperature signal (from 9; see fig. 3); determining, by the controller (7), the first temperature value based on the selection of the drink type (evident from at least ¶¶ 19, 70, 105, and 121); determining, by the controller (7), the temperature offset based on the selection of the manual temperature adjustment (see lines 13-14 of ¶ 82); determining, by the controller (7), an adjusted target temperature based on the temperature offset and the first temperature value (¶¶ 109-110 and 121); and controlling, by the controller (7), the temperature associated with the drink product by controlling the cooling circuit (131) based on the received temperature signal (¶¶ 19, 22-23, 65, etc.) and the adjusted target temperature (¶¶ 77, 82, 121).
As per claim 13, Guidorzi discloses wherein the temperature associated with the drink product includes at least one of a temperature of the drink product (¶ 74), a temperature of a cooling element used to cool the drink product (¶ 65), and a temperature of a refrigerant used to cool the drink product (¶ 108).
As per claim 14, Guidorzi discloses wherein determining the adjusted target temperature comprises adding the temperature offsets to the first target temperature (evident from ¶ 82).
As per claim 15, Guidorzi discloses wherein the manual temperature adjustment includes one of a positive and negative temperature value (evident from the ranges described in at least ¶ 65).
As per claim 16, Guidorzi discloses wherein the manual temperature adjustment includes a range of temperatures including temperatures that are at least one of at, above, and below the first target temperature (evident from at least ¶ 65).
As per claim 18, Guidorzi discloses wherein the non-transitory storage medium includes a plurality of recipes (the different types of products described in at least ¶ 82), each of the recipes including a temperature setting corresponding to a target temperature (see ¶ 105).
As per claim 20, Guidorzi discloses wherein the evaporator (113) is part of a closed loop refrigeration circuit including a condenser and a compressor (i.e., part of the “known” components of the circuit 131; see ¶ 108), comprising controlling (via 7) the temperature associated with the drink product by activating the compressor to circulate the refrigerant through the evaporator to cool the drink product (as described in ¶¶ 65, 108, etc.) and deactivating the compressor to stop a flow of the refrigerant through the evaporator to stop cooling of the drink product (e.g., during standby; see ¶ 115).
As per claim 21, Guidorzi discloses determining the temperature associated with the drink product by comparing the received temperature signal to the adjusted target temperature (¶ 82), and, in response, activating or deactivating the cooling circuit (131) to match the received temperature signal to the adjusted target temperature (via feedback, ¶ 77), and, thereby, adjusting the temperature associated with the drink product to about3 the adjusted target temperature (evident from at least ¶¶ 65, 77).
As per claim 22, Guidorzi discloses wherein the first temperature value corresponds to a drink type (e.g., semi-liquid, cooled liquid, frozen, etc.; see at least ¶¶ 11 & 44).
As per claim 23, Guidorzi discloses wherein the non-transitory storage medium (memory of 7) is arranged to store a drink object representing the drink type, the drink object specifying the first temperature value (see at least ¶ 82).
As per claim 25, Guidorzi discloses wherein the first temperature value corresponds to a drink type (e.g., liquid or frozen; see at least ¶¶ 62 & 65).
As per claim 26, Guidorzi discloses storing, in the non-transitory storage medium (memory of 7), a drink object representing the drink type (“different types of products”; ¶ 82), the drink object specifying the first temperature value (¶ 105).
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.
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Guidorzi (US 20140134299 A1 ) in view of Glaenzer (DE 19701379 A1).
As per claims 6 and 17, Guidorzi may not appear to explicitly disclose wherein the manual temperature adjustment is adjustable in increments of greater than or equal to one of 0.1, 0.2, 0.3, 0.4, 0.5, 1, and 2 degrees Celsius.
On the other hand, Glaenzer, directed to a refrigeration system, discloses wherein the manual temperature adjustment is adjustable in increments of 1 degree Celsius (see ¶ 9 of the translation).
Furthermore, it has been held that some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention is a support for a conclusion of obviousness which is consistent with the proper "functional approach" to the determination of obviousness as laid down in Graham, if the following findings can be articulated: (1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings; (2) a finding that there was reasonable expectation of success; and (3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness.4
As per (1), Glaenzer teaches allowing a user to have expanded temperature setting options (¶ 8 of the translation). Specifically, the prior art explicitly teaches an easy-to-operate device with precise temperature adjustments (¶ 9, id.). As per (2), one of ordinary skill in the art would recognize that since the prior art of Glaenzer has successfully implemented its own teachings with regards to the temperature increments, there would also be a reasonable expectation of success if said teachings were to be incorporated into the teachings of Guidorzi. Said reasonable expectation of success is apparent from the fact that both Guidorzi and Glaenzer are analogous to each other, as well as are analogous to the claimed invention, by virtue of being within the same field of endeavor (i.e., refrigeration systems). Thus, one of ordinary skill in the art would recognize that the teachings of the prior art are compatible and combinable, without yielding unpredictable results. As per (3), one of ordinary skill in the art, when considering the aforementioned evidence, would comprehend that the prior art teachings of Guidorzi may be significantly improved by incorporating the prior art teachings of Glaenzer, since the teachings thereof serve to complement the teachings of Guidorzi by virtue of suggesting an easy-to-use device that allows for a range of precise temperature adjustments, to achieve a desired set-point.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Guidorzi and to have modified them with the teachings of Glaenzer, by having wherein the manual temperature adjustment be adjustable in increments of 1 degree Celsius, in order to provide precise control over a range of temperatures, as similarly suggested by Glaenzer, without yielding unpredictable results.
Response to Arguments
Applicant's arguments filed on October 27, 2025 (“the Remarks”) have been fully considered but they are not persuasive.
Applicant first argues that the prior art of Guidorzi does not disclose all the features recited in the most recent claims. They describe some aspects of Guidorzi regarding the RFID tags and temperature threshold conditions.5 Applicant also appears to allege that Guidorzi does not disclose or suggest a “multi-step temperature determination” as amended. In particular, they argue that Guidorzi fails to disclose three determination steps as claimed. They appear to allege that Guidorzi only describes absolute temperature thresholds or shelf-life constraints and that there is no “dual-step calculation” that establishes the recipe baseline and then modifies it via an offset. They argue that the manual adjustment teachings in Guidorzi are limited, and allege that the evidentiary burden has not been met.6 They posit that Guidorzi discretely uses either RFID for the product selection or the manual temperature (one or the other, but not both). Regarding claim 5, they argue that the cited paragraph does not teach the claim limitations for the manual adjustment, because it only describes the ranges for the cooling device, per se.7
Applicant also points to the repeated use of the phrase “evident from” in the Office action, and states that the action must identify where each and every element of the claim is found in a single prior art reference, per MPEP § 2131. They appear to imply that the use of such phrasing is tantamount to speculation, and posit that inherency requires that any missing limitations be necessarily present rather than possibly present. They include an example that a hygiene-safety “threshold” warning is not the same as computing a drink type dependent offset and then deriving an adjusted target temperature. They conclude this argument by stating that the teaching reference of Glaenzer does not cure the purported deficiencies of Guidorzi. However, these arguments are considered unpersuasive for the following reasons.
First, Guidorzi appears to at least suggest the three claimed determination steps. The first determination is done by a per se drink selection via the RFID user interface (e.g., see at least ¶¶ 70-71 and 105). The second step of determining the offset temperature via the manual selection is also suggested (see lines 13-14 of ¶ 82). It is particularly noted that said paragraph recites that the “temperature could additionally be set manually by the user” (rather than “alternatively” be set). This manual input is possible through the use of buttons via the interface which allows the user to “select further functions” and “adjust other operating parameters” (¶ 110). The third step is suggested in at least ¶ 109, which states that the cooling can be adjusted based on “the result which is to be obtained”, which one of ordinary skill in the art should understand to include the RFID selection as well as any manual offset, given that the prior art explicitly states that the automatic adjustment is “preferably also on the basis of product data detected automatically”. The fact that the prior art discloses that “specific operating parameters for a particular product may be automatically set by the control unit” wherein “alternately or in addition, the packet data may contain directly information relating to the cooling temperature” (¶ 121) necessarily suggests the manual selection from the user being modified. The explicit use of the words “also” and “in addition” in this context define that any user’s selection can be calculated jointly with the automatic presets, not “only” in the alternative as alleged by the Applicant. In other words, the user chooses the settings (which include the manual adjustment) and the controller performs additional automatic controls to determine the proper temperature and operating conditions based on the desired product.
Second, the prior art indeed discloses that the cooling system has a range of temperatures (in ¶ 65) as well as a feature that allows for a manual temperature selection (¶ 82). The possible temperature ranges of the cooling system are necessarily related to the possible temperature ranges for each product when considering the prior art teachings as a whole regarding: the optimum production and temperature parameters (¶ 70), the adjustment of the cooling (¶ 109), and the table with temperature values and cooling temperature adjustments (¶ 121). Assuming arguendo, any subsequent manual temperature input would meet this limitation, since it would change any initial target temperature by the manually inputted amount.
Third, it should be noted that the word “evident” is defined as “clear to the vision or understanding”8, in this case, of a person with ordinary skill in the art. It is being used to highlight any portions of the prior art that, when interpreted by one of ordinary skill, should apprise them of the relevant teachings, disclosure and/or suggestions that pertain the claim limitations. The above prior art rejections include specific citations to the paragraphs with the relevant teachings and suggestions for the claimed subject matter. Moreover, the response to the arguments is deemed to further explain how any such teachings and suggestions relate to the claimed invention. Applicant is kindly invited to provide additional arguments to the extent that any specific citation or explanation is still considered insufficient.
In light of the above, a preponderance of the evidence is deemed to still support the prior art rejections, supra, and applicant’s arguments are considered unpersuasive.
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 MIGUEL A DIAZ whose telephone number is (313)446-6587. The examiner can normally be reached Monday - Friday: 9:00 AM - 5:00 PM Eastern Time.
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, Jianying C. Atkisson can be reached at (571) 270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIGUEL A DIAZ/Primary Examiner, Art Unit 3763
1 The term “type” is being construed as a recipe, temperature, and/or texture in light of at least fig. 5 and ¶¶ 28, 33. 42, 51, etc., of the specification as filed on January 26, 2024.
2 The term “about” appears to have a special definition in ¶ 31 of the Specification as filed on January 26, 2024. Specifically, it is defined to “represent the inherent degree of uncertainty attributed to any quantitative comparison, value, measurement, or other representation” and “moreover represent the degree by which a quantitative representation may vary from a stated reference without resulting in a change in the basic function of the subject matter at issue”.
3 The term “about” appears to have a special definition in ¶ 31 of the Specification as filed on January 26, 2024. Specifically, it is defined to “represent the inherent degree of uncertainty attributed to any quantitative comparison, value, measurement, or other representation” and “moreover represent the degree by which a quantitative representation may vary from a stated reference without resulting in a change in the basic function of the subject matter at issue”.
4 See MPEP § 2143.
5 See page 9 of the Remarks.
6 Page 10, id.
7 Page 11, id.
8 According to the Online Merriam-Webster Dictionary.