31DETAILED 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 .
Priority
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-12, 18 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9-12 are indefinite because they are dependent on cancelled claim 6.
Claims 18, line 7; claim 19, line 7 recites the phrase “substantially” and is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Does “substantially perpendicular” mean that a deviation of 5, 10, 20 or 30% from perpendicular is acceptable? It is suggested to define the requisite degree in the claims are delete the phrase “substantially”.
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)(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.
(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.
Claims 1 and 29 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Zhu (CN211066274). An English machine translation of Zhu (CN211066274) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Zhu teaches a kitchen appliance (Figs 1-4, electric food processor 1, 0037), comprising: a body (body 1, 0037), a mounting cavity being providing in the body, and the mounting cavity having a mounting opening located on (receiving cavity 11, 0037) a surface of the body; and a battery pack (battery pack 3, 0037) detachably connected to the body; the battery pack has a mounted state and a dismounted state (see figure 5), in the dismounted state (see figures 1-4), the battery pack is capable of moving into or out of the mounting cavity through the mounting opening, and after the battery pack is separated from the body, the mounting cavity is exposed to the surface of the body (figures 1-5); and in the mounted state, the battery pack is mounted in the mounting cavity (figure 5), and an end of the battery pack is exposed through the mounting opening (with cover 2 open, battery pack is exposed).;
With respect to the limitations of claim 29, Zhu teaches the battery pack comprises a housing (Fig 9, battery housing 31, 0041) and three battery cells (battery cell 32, 0041) provided in the housing, and with a direction in which the battery pack moves into the mounting cavity through the mounting opening (cavity 11) as a mounting direction, lines connecting centers of projections of the three battery cells along the mounting direction form a triangle or the lines connecting the centers of the projections of the three battery cells along the mounting direction form an equilateral triangle (battery cells 32 having centers forming an equilateral triangle).
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.
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 2, 5, 15, 16, 18, 19, 21, 22 and 27 are rejected under 35 U.S.C. 103 as being obvious over Zhu (CN211066274) as applied to claim 1, further in view of Mitsui (US 5,626,979).
With respect to the limitations of claim 2, Zhu discloses the claimed invention except for the body comprises a first engaging portion, and the battery pack comprises a second engaging portion; and in the mounted state, the first engaging portion is engaged with the second engaging portion; the battery pack comprises a plurality of second engaging portions, the plurality of second engaging portions are configured to adapt to the first engaging portions in the bodies of different types, respectively; with a direction in which the battery pack moves into the mounting cavity through the mounting opening as a mounting direction, the plurality of second engaging portions are spaced apart on a side wall of the batter pack along the mounting direction.
However, Mitsui discloses the body (Figs 6, 7, casing member 64, Col 10) comprises a first engaging portion (first, second ribs 68, 69, Col 10), and the battery pack comprises a second engaging portion (Fig 5, first, second grooves 44, 45, Col 8); and in the mounted state, the first engaging portion is engaged with the second engaging portion (Fig 11); the battery pack comprises a plurality of second engaging portions, the plurality of second engaging portions are configured to adapt to the first engaging portions (Fig 11) in the bodies of different types, respectively; with a direction in which the battery pack moves into the mounting cavity through the mounting opening as a mounting direction, the plurality of second engaging portions are spaced apart on a side wall of the batter pack along the mounting direction is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the body and battery pack of Zhu silent to engaging portions with the recited first and second engaging portions of Mitsui for the purpose of providing a known engagement structure that allows for a proper orientation position of the battery in the engagement hole (Abstract, Col 5, Lines 30-40).
With respect to the limitations of claim 5, Zhu in view of Mitsui discloses the body is a vegetable cutter, a juice extractor (Zhu, Fig 2, juicer), or a meat grinder (Fig 1, meat grinder, 0037), the body comprises a base (Fig 2, bottom base) and a first body (Fig 2, upper first body), the first body is detachably connected to the base, a motor (motor in bottom base) is mounted in the base, the first body comprises a working chamber, a cutting member (blades in upper first body) is mounted in the working chamber, and the cutting member is configured to be driven by the motor to rotate for cutting; and the mounting cavity (Fig 2, receiving cavity 11) is located in the base, and the mounting opening is located on a bottom surface of the base; two of the second engaging portions are spaced apart on the side wall of the battery pack along the mounting direction (Mitsui, Fig 5, first, second grooves 44, 45, Col 8), and in the two second engaging portions, the one located at a rear end in the mounting direction is configured to adapt to the first engaging portion (Mitsui, first, second ribs 68, 69, Col 10) in the vegetable cutter, the juice extractor, or the meat grinder.
With respect to the limitations of claims 15, 16, 18 and 21, Zhu teaches outer contours of projections of the base, the motor, and the battery pack along the mounting direction are all circular or quasi-circular (Figs 2, 3, show outer contours are quasi-circular) and the motor is located at a central position of the working chamber along a radial direction of the base (motor of body 1, figure 2);
in the mounted state, in a plane perpendicular to the mounting direction, a projection of a center of the battery pack is a first position (Fig 2, battery 3), a projection of a center of the motor is a second position (motor of body 1), a projection of a center of gravity of the kitchen appliance is a third position (Fig 2, center of gravity of body 1 and container with blade), and the third position is located on a line connecting the first position and the second position;
the body is a stirrer (Fig 3, egg beater, 0037), the stirrer comprises a second body (multiple body parts of body 1), a handle (Fig 3, handle), and a stirring head capable of being driven by a motor (front portion body 1) to perform stirring, a side of the second body is connected to the handle, the other side of the second body is connected to the stirring head, an extension direction of the handle is substantially parallel to that of the second body, and an extension direction of the stirring head is substantially perpendicular to that of the second body; and the mounting opening is located on a side wall (receiving cavity 11, 0038) of the handle facing away from the stirring head, and the mounting cavity extends from an interior of the handle to an interior of the second body;
the body is a handheld cooking machine, the handheld cooking machine comprises a third body, and a grinding head capable of being driven by a motor to perform grinding and crushing (Fig 1, meat grinders, 0037); and the mounting cavity is located inside the third body, an end of the third body is connected to the grinding head, and the other end of the third body is provided with the mounting opening (receiving cavity 11) in an extension direction thereof.
Zhu discloses the claimed invention except for and a radius of the base is R, a diameter of the battery pack is d, and a radius of the motor is r, R=K(d+r), where 1≤K≤1.2; a distance between the second position and the third position is s, and a weight of the battery pack is m, where 0.024≤s/m≤0.032. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have a radius of the base is R, a diameter of the battery pack is d, and a radius of the motor is r, R=K(d+r), where 1≤K≤1.2; a distance between the second position and the third position is s, and a weight of the battery pack is m, where 0.024≤s/m≤0.032, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable radius or distance ranges involves only routine skill in the art (see MPEP 2144.04)
With respect to the limitations of claims 19 and 22, Zhu in view of Mitsui discloses two of the second engaging portions are spaced apart (Mitsui, Fig 5, first, second grooves 44, 45, Col 8) on the side wall of the battery pack along the mounting direction, and in the two second engaging portions, the one located at a front end in the mounting direction is configured to adapt to the first engaging portion (Mitsui, Figs 6, 7, first, second ribs 68, 69, Col 10) of the stirrer; or the handle and the second body are connected through a connecting portion, an extension direction of the connecting portion is substantially perpendicular to that of the second body, and the mounting cavity is at least distributed in the handle and the connecting portion (Zhu, figure 3);
two of the second engaging portions are spaced apart (Mitsui, Fig 5, first, second grooves 44, 45, Col 8) on the side wall of the battery pack along the mounting direction, and in the two second engaging portions, the one located at a front end in the mounting direction is configured to adapt to the first engaging portion (Mitsui, Figs 6, 7, first, second ribs 68, 69, Col 10) in the handheld cooking machine.
Zhu in view of Mitsui discloses the claimed invention except for a ratio of a radial dimension of the battery pack to a dimension of the connecting portion along a radial direction of the battery pack ranges from 0.63 to 0.96, and a ratio of an axial dimension of the battery pack to a sum of dimensions of the handle, the connecting portion, and the second body along an axial direction of the battery pack ranges from 0.5 to 0.7;
a ratio of a radial dimension of the battery pack to a dimension of the third body along a radial direction of the battery pack ranges from 0.62 to 0.95, and a ratio of an axial dimension of the battery pack to a dimension of the third body along an axial direction of the battery pack ranges from 0.1 to 0.3.
However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have a ratio of a radial dimension of the battery pack to a dimension of the connecting portion along a radial direction of the battery pack ranges from 0.63 to 0.96, and a ratio of an axial dimension of the battery pack to a sum of dimensions of the handle, the connecting portion, and the second body along an axial direction of the battery pack ranges from 0.5 to 0.7;
a ratio of a radial dimension of the battery pack to a dimension of the third body along a radial direction of the battery pack ranges from 0.62 to 0.95, and a ratio of an axial dimension of the battery pack to a dimension of the third body along an axial direction of the battery pack ranges from 0.1 to 0.3, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable dimensional ratio ranges involves only routine skill in the art (see MPEP 2144.04).
With respect to the limitations of claim 27, Zhu in view of Mitsui discloses a direction in which the battery pack moves into the mounting cavity (Zhu, Figs 1-5, receiving cavity 11) through the mounting opening as a mounting direction, a contour of a projection of the mounting cavity along the mounting direction coincides with an outer contour of a projection of the battery pack along the mounting direction (Zhu, Figs 2, 3); the battery pack comprises an attachment portion, the attachment portion is located on at least a partial area of the side wall of the battery pack (Mitsui, Fig 5, first, second grooves 44, 45, Col 8) along the mounting direction, and in the mounted state, the attachment portion is attached to a cavity wall (Mitsui, first, second ribs 68, 69, Col 10) of the mounting cavity.
Claim 24 is rejected under 35 U.S.C. 103 as being obvious over Zhu (CN211066274) as applied to claim 1, further in view of Kim (KR20170001084). An English machine translation of Kim (KR20170001084) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 24, Zhu teaches a direction in which the battery pack moves into the mounting cavity through the mounting opening as a mounting direction; with the direction in which the battery pack moves into the mounting cavity through the mounting opening as the mounting direction (Figs 1-5), the rear end of the battery pack along the mounting direction protrudes from a surface of the body or is coplanar with the surface of the body (Fig 5). Zhu discloses the claimed invention except for the kitchen appliance comprises a display screen configured to display remaining power of the battery pack, the display screen is provided on the body; the battery pack comprises a display screen configured to display remaining power. However, Kim discloses the kitchen appliance comprises a display screen (display module 250, 0066) configured to display remaining power of the battery pack (0066, notification display that outputs an image to easily identify the remaining charge power of the battery module (240) or the charging status of the portable device when the battery module (240)), the display screen is provided on the body; the battery pack comprises a display screen (display module 250) configured to display remaining power is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the body and battery pack of Zhu silent to a display screen with the kitchen appliance comprises a display screen configured to display remaining power of the battery pack, the display screen is provided on the body; the battery pack comprises a display screen configured to display remaining power of Kim for the purpose of providing a known display screen configuration that informs a user of a remaining power or life of the battery.
Claim 35 is rejected under 35 U.S.C. 103 as being obvious over Zhu (CN211066274) as applied to claim 1, further in view of Waguespack (US 2006/016017).
With respect to the limitations of claim 35, Zhu teaches the battery pack separated from the body (Figs 1-5). Zhu discloses the claimed invention except for the kitchen appliance comprises a charging base, and the battery pack is capable of being connected to the charging base for charging. However, Waguespack disclose the appliance comprises a charging base (Figs 2A-2C, charger 200, 0029), and the battery pack (handle portion 106, battery 116, 0016) is capable of being connected to the charging base for charging is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the body and battery pack of Zhu silent to a charging base with the appliance comprises a charging base, and the battery pack is capable of being connected to the charging base for charging of Waguespack for the purpose of providing a known base configuration that allows the appliance batteries to be recharge when the appliance is idle.
Allowable Subject Matter
Claims 7, 8 and 31 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 THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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, Steven Crabb can be reached at 571-270-5095. 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.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 7/16/2026
Prosecution Insights