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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(a)(1) because Figures 6, 8, and 9 utilize gray lines instead of black. See 37 CFR 1.84(a)(1).
The drawings are objected to under 37 CFR 1.84(b) because Figures 5 and 7 include the use of a photograph. Photographs are not ordinarily permitted in utility applications and are only accepted when the photographs are the only practicable medium for illustrating the claimed invention. Figures 5 and 7 of Lerman (US-2026/0191223-A1), provides evidence that a photograph is not the only practicable medium to illustrate the claimed inventions, therefore the photograph of Figures 5 and 7 must be replaced with an acceptable line drawing. See 37 CFR 1.84(b)(1).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(3) because the axes on Figure 6 and 9 are not legible, additionally the lines for 902 and 906 cross the title in Figure 9. Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct. See 37 CFR 1.84(p)(3).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "1008" in Figure 10. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37CFR1.84(q) because Figure 10 includes reference characters 1002, 1004, 1006, 1008, 1010, 1012, 1014, and 1016; and Figure 11 includes reference characters 1102, 1102, 1106, 1108, 1110, 1112, 1124, 1116 in Fig 11. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing. See 37 CFR 1.84(q).
Specification
The disclosure is objected to because of the following informalities: [0070] is comprised of the following quotation: “What is claimed is:”. This paragraph appears to start the claims of the application but was accidentally kept in the specification.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
Regarding Claims 5 and 15, the claims include the limitation of “about equal” where referring to the measured temperature of the drink product when compared to the second target temperature. Examiner will interpret “about equal” as not to indicate relative temperatures but will instead interpret the limitation to essentially be within a measurement tolerance for the temperature sensor device as set forth by applicant in paragraph 30 of the specification.
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.
Claims 1, 2, 4, 5, 6, 7, 8, 11, 12, 14, 15, 16, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Guidorzi (US-20140134299-A1), Semo (WO-2017087970-A2) and Cunha (US-20040060307-A1).
With regards to Claims 1 and 11, Guidorzi teaches (Figs 1-10) a beverage production machine (1, 110) and method to produce liquid, semi-liquid, or frozen beverages ([0001]). Guidorzi further teaches a reservoir (2) for holding a product, and an agitating means inserted into the reservoir that includes a rotating stirrer or mixer (6), with blades that stir the product ([0060], [0066]). The device further includes a gear motor (128), controlled via the control unit (119) that operates the mixer (114) via shaft (129) ([0107]). Guidorzi also teaches a cooling means (5), refrigerating system or circuit (131), and an evaporator (113) that is contained with the refrigerating system ([0097]-[0098]). Guidorzi further teaches a temperature indicator (22) and temperature sensor (9) for measuring and displaying the temperature of the product in the reservoir ([0018]-[0019], [0074], [0108]). Additionally, Guizordi teaches a control means (7) or internal control unit (119) that uses memory to store relevant information in memory to manage the operation of the machine, where the control means is connected to a user interface (120) which allows for the introduction of commands, as well as displaying information ([0069], [0072]-[0073], [0099]). However, Guizordi does not specifically teach that the mixing vessel scrapes portions of the drink product from a surface; a motor condition sensor, signal, or limit; or that the controller receives the temperature signal, motor condition signal, and controls the temperature of the associated drink product by controlling the cooling circuit.
Semo teaches (Figs 1-11) a vessel, system, and method for preparing frozen food. Specifically, Semo teaches that the apparatus (200) can track/monitor the torque, voltage, and current supplied to a motor to maintain the current speed of the motor during the processing cycle and then output a signal corresponding to the motor's output ([0081]). Semo also teaches that the controller of the apparatus can activate the refrigeration unit (240) and then read the temperature received from the sensor and adjust the power of the refrigeration unit and the speed of the drive unit to achieve a target viscosity for the frozen contents ([0020], [0022], [0063], [0093]). Semo further teaches an integrated beater in a vessel (100), where ice crystals are scraped from the wall during the process of transforming food products into frozen and edible suspensions ([0020]). The controller is also able to reduce power to the refrigeration unit or rotary motor to maintain the state of the contents of the vessel, thereby saving energy if the user is unable to immediately retrieve and consume the contents ([0026]).
Cunha teaches (Figs 1-7) a semi-frozen beverage dispensing apparatus. Cunha teaches the motor (58) of the beverage apparatus has sensors, such as limit switches, potentiometers strain gauges, or other sensing device; that monitor the torque on the motor ([0063]). Based on the measured resistance and torque on the motor, the limit switch can direct the control circuit to either activate or shut off the refrigeration system and/or motor depending on the thickness of the liquid product as it turns into a frozen product ([0063], Abstract]).
Regarding Claims 2 and 12, Cunha teaches that a device measures torque on the motor (58) and has a mechanical limit switch attached to the motor ([0063]). Cunha further teaches that the refrigeration system can be cycled on or off depending on the signal received from the motor sensor of limit switch ([0063]).
Regarding Claims 4 and 14, Semo teaches that the device that uses timer and temperature measurements, and then determines if the temperature of contents on the interior of the vessel (100) have dropped below a second target temperature, and then controls the motor (280) and cooling refrigeration unit (240) to adjust the contents of the vessel to produce and maintain the desired temperature and viscosity of the product ([0022], [0024], [00110]-[00112]).
Regarding Claims 5 and 15, Semo further teaches that the refrigeration unit and speed of the drive unit can be varied based on the output of the temperature sensor to achieve a target viscosity and mouth feel of frozen contents of the vessel (100) ([0022]). Additionally, the apparatus can transition between different operating phases of the apparatus depending on the measured temperature, including controlling the motors and refrigeration unit ([00110]-[00112]).
Regarding Claims 6 and 16, Semo teaches that the apparatus can track the output of the motor, including the current, voltage, power, current, and current speed of the motor ([0081]).
Regarding Claims 7 and 17, Semo teaches that the apparatus can track the output of the motor, including the current, voltage, power, current, and current speed of the motor ([0081]).
Regarding Claims 8 and 18, Guidorzi further teaches that a user can operate the beverage production machine via typical controls, such as buttons, to provide for different portion sizes, products, as well as manually adjusting the temperature for the provided beverage ([0082]).
Regarding Claims 9 and 19, Guidorzi teaches using the temperature signal to control the cooling circuit (Guidorzi [0019], [0077], [0081]), Guidorzi also teaches manually adjusting the temperature control of the drink maker (Guidorzi [0082]); Semo teaches using the information received from the motor to feed information to the controller to control the cooling circuit (Semo [0022], [0090], [0093]-[0094]), and Cunha teaches a set point as a first temperature value (Cunha [0062]-[0063]), and a motor limit switch to activate or deactivate the cooling system (Cunha, Fig 7, [0062]-[0063]).
With regards to the aforementioned claims, Guidorzi teaches the drink maker, that utilizes a mixing vessel and a stirring component powered by a motor, as well as a cooling circuit and evaporator to make a frozen beverage for consumption. To do this, Guidorzi includes a temperature sensor, memory, and a controller to make adjustment during the chilling process to make sure the drink is properly made. Semo teaches that blades scrape the ice crystals that form on the wall of a vessel, as well as that the controller receives signals from the temperature and motor condition sensor to control the cooling circuit to produce the desired beverage. Cunha teaches a limit switch to measure torque on the motor during operation, where the switch is used to determine whether the refrigeration system is cycled on or off. Guidorzi, Semo, and Cunha are analogous because the devices all teach devices used to make frozen or semi-frozen beverages and foods. An ordinary skilled artisan, would have recognized that applying the known techniques of using a mixing vessel and cooling circuit to make a frozen beverage, as incorporated a variety of sensors and blades that scrape the inner surface of the mixing vessel, as well as a applying a limit to the controller that activates or deactivates the motor and cooling circuit would have yielded predictable results and resulted in an improved drink maker that is able to better control the components based on measured data from various sensors and selectively activate or deactivate the components.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the drink maker, controller, memory, and control of a refrigerating circuit as taught by Guidorzi, to incorporate the blades that scrapes ice from the inner wall of a vessel and controller that receives signals from different sensors to control the cooling circuit, as well as use sensors to monitor and track resistance and torque experienced by a motor, to turn off the motor when not need as taught by Cunha, because the claimed elements were known in the prior art, and one skilled in the art could have combined the elements to into a beverage making device that efficiently maintains the desired temperature and consistency of a beverage by shutting down parts of the cooling circuit when not needed, and one skilled in the art could have combined the elements as claimed by known methods with no change to this respective functions and the combination yielded nothing more than predictable results to one of ordinary skill in the art. Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Guidorzi, Semo, and Cunha in view of Jacobsen (US-20160353766-A1).
Regarding Claims 21 and 22, Guidorzi, Semo, and Cunha teach all of the claimed elements as previously mentioned but fails to specifically claim that the thickness is determined by the amount of frozen particles in the drink.
Jacobsen teaches (Figs 1-16) a chilled product post-processing apparatus and method. Jacobsen teaches that the blending apparatus (106) may operate on a schedule, temperature, or a granular size of frozen portions of the ingredients in the storage container (102), the ingredients, or other properties of the system (100) ([0011], [0061], [0063]-[0064], [0086]). Jacobsen also teaches that the blending apparatus is operated to keep ice crystals from growing to an undesirable size, obtaining an optimal consistency at the time of service ([0061]-[0063]).
In this case Guidorzi, Semo, and Cunha teach the drink maker that uses a controller to receive signals from different sensors, as well as a motor, to control the refrigerating system to produce a frozen beverage. Jacobsen teaches the known technique of using the grain size of the frozen portions to control the blending apparatus to adjust the frozen beverage. An ordinary skilled artisan could have modified the drink maker provided by Guidorzi, Semo, and Cunha and incorporated a device that uses grain size to control the settings of the blending apparatus to ensure a consistent product is produced and would have recognized that applying the known technique would have yielded predictable results and resulted in an improved and consistent drink maker.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the drink maker taught by Guidorzi, Semo, and Cunha, and incorporated measuring the ice crystal grain size in the product to ensure a more consistent product, because one of ordinary skill in the art would have been capable of applying this known technique to a known device or method that was ready for improvement and the results would have been predictable to one of ordinary skill in the art.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Guidorzi , Semo, and Cunha, in view of Tofaili (AU-2015202472-A1).
Regarding Claims 20 and 20, Guidorzi, Semo, and Cunha teach all of the claimed elements as previously mentioned but fails to specifically claim that the controller adjusts the target temperatures by adding the manual temperature adjustment.
Tofaili teaches (Figs 1-9) an espresso machine that enables a user to choose and adjust the extraction profile, either as a pre-set profile or in real-time operation of the machine (100) ([Pg. 6, lines 15-30]). The real-time operation of the machine allows adjustment of the temperature profile by the user during operation of the machine ([Pg. 6, lines 25-30]). The machine has a control panel (130) where the user can control various parameters of the machine, including temperature over a possible range of 0-100 degrees Celsius ([Pg. 6, line 31- Pg. 7, line 5]).
In this case, Guidorzi, Semo, and Cunha teach the drink maker with a mixing vessel, dasher, motor, cooling circuit, and various sensors and a controller to control the motor and cooling circuit to produce a desired beverage. Tofaili teaches the espresso beverage machine where the user can pick the extraction profile for a beverage, as well as allowing the user to adjust the settings of the profile to achieve a desired beverage. Tofaili is analogous to Guidorzi, Semo, Cunha, and the instant application because all the references teach machines that produce beverages by controlling the temperature to cool or heat the desired beverage.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include configuring the controller to allow the user to manually adjust the preset profiles for a drink as taught by Tofaili, and combine that controller with the controller for the drink maker taught by Guidorzi, Semo, and Cunha, because all of the claimed elements were known in the prior art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions and the combination yielded nothing more than predictable results to one or ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moulder (EP-1738652-A2) teaches controlling the viscosity of a frozen beverage by using the pressure or temperature of the beverage in a freeze cylinder controlled by a controller reading a pressure or temperature sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNTER HEMMINGS whose telephone number is (571)467-0070. The examiner can normally be reached Monday - Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ned Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNTER G HEMMINGS/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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