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 .
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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fallowes (U.S. Patent No. 6,932,503).
Regarding claim 1, Fallowes discloses a stand mixer defining a vertical direction, a lateral direction and a transverse direction, the vertical, lateral, and transverse directions being mutually perpendicular, the stand mixer (title; abstract) comprising:
a housing (abstract; food mixer 12);
a motor disposed in the housing (figure 1, arrow 16 and 24; column 2, lines 43-63 (for rotation to take place, there must be a motor within the housing as is known with all food stand mixers as the one described in Fallowes));
a mixing shaft operably coupled to the motor (figure 1, shaft 23; column 2, lines 43-63);
a gear cover coupled around the mixing shaft (figure 1, planetary element 14); and
a wiper attachment removably coupled to the gear cover (figure 1, food scraper 30), the wiper attachment comprising:
a seat portion (engagement member 34), the seat portion comprising a floor extending between a pair of opposing sidewalls (see figure 3, flat space between sidewalls 38); and
a blade extending from one end of the seat portion (arm 32),
wherein the floor of the seat portion defines a semicircular opening at a distal end of the seat portion from the blade (figure 3, semicircular or U-shaped cavity 40),
wherein the pair of opposing sidewalls and the semicircular opening of the seat portion of the wiper attachment are configured to engage with the gear cover in order to securely couple the wiper attachment to the gear cover (see figure 1, engagement member 34 walls coupled to bottom of gear cover 14).
Regarding claim 2, Fallowes discloses further comprising a magnet positioned within the seat portion of the wiper attachment, the magnet configured to removably engage with the gear cover (column 4, lines 1-10) (it is noted that “configured to removably engage with the gear cover is vague and provides no further structural limitations or elements, and the magnet of Fallowes is capable to removably engage the gear cover by holding the engagement member 34 (seat portion) in a closed configuration around the bottom extended portion of gear cover 14 as shown in figure 1).
Regarding claim 3, Fallowes discloses further comprising a snap positioned on the seat portion of the wiper attachment, the snap configured to removably engage with the gear cover (figure 3, male nipple 52 and socket 58; column 3, lines 58-67) (it is noted that “configured to removably engage with the gear cover is vague and provides no further structural limitations or elements, and the snap of Fallowes is capable to removably engage the gear cover by holding the engagement member 34 (seat portion) in a closed configuration around the bottom extended portion of gear cover 14 as shown in figure 1).
Regarding claim 4, Fallowes discloses further comprising body portion of a first specified width defined in the gear cover, wherein the pair of opposing sidewalls of the seat portion of the wiper attachment are spaced at a second specified width, the second specified width no less than the first specified width whereby the pair of opposing sidewalls engages the first specified width of the body portion of the gear cover (see figure 1, sidewalls of engagement member 34 surround walls of bottom body portion of 13 to read on the widths as recited in the limitations as recited in claim 4).
Regarding claim 5, Fallowes discloses when the wiper attachment is coupled to the gear cover, the pair of opposing sidewalls engages the body portion of the gear cover, thereby reducing rotation of the wiper attachment relative to the gear cover around a vertical axis (see figure 1, engagement member 34 sidewalls engage bottom portion of gear cover 14).
Regarding claim 6, Fallowes discloses further comprising a round shaft portion of a first specified radius defined in the gear cover (figure 1, beater shaft 23 extends from and is defined in the gear cover; column 2, lines 50-61), wherein the semicircular opening of the seat portion of the wiper attachment defines a second specified radius (cavity 40 radius), the second specified radius no less than the first specified radius such that the semicircular opening of the seat portion engages the first specified radius of the round shaft portion of the gear cover (beater 23 passes through cavity 40 radius so second radius is no less than first radius; column 3, lines 44-51; column 4, lines 36-41).
Regarding claim 7, Fallowes discloses wherein, when the wiper attachment is coupled to the gear cover, the semicircular opening engages the round shaft portion of the gear cover, thereby reducing translation of the wiper attachment relative to the gear cover in the lateral direction and transverse direction (see figure 1, wiper attachment 30 coupled to bottom extension of gear cover 14; column 4, lines 43-47).
Regarding claim 8, Fallowes discloses wherein the wiper attachment removably couples to the gear cover such that the wiper attachment is rotatable around a central axis of the stand mixer (see figure 1, wiper 30 has engagement member 34 attached to gear cover 14; column 4, lines 43-47).
Regarding claim 9, Fallowes discloses wherein the wiper attachment comprises a scraper extending from an outer portion of the blade (scraper element 36), wherein the scraper continuously contacts a bowl of the stand mixer throughout an entire revolution of the mixing shaft (column 3, lines 12-25).
Regarding claim 10, Fallowes discloses a wiper attachment for a stand mixer, the wiper attachment defining a vertical direction, a lateral direction and a transverse direction, the vertical, lateral, and transverse directions being mutually perpendicular (figure 1, food scraper 30), the wiper attachment removably coupled to a gear cover of the stand mixer (figure 1, food scraper 30 coupled to bottom extension of gear cover 14), the wiper attachment comprising:
a seat portion (engagement member 34) and a blade extending from one end of the seat portion (arm 32), the seat portion comprising a floor extending between a pair of opposing sidewalls (see figure 3, flat space between sidewalls 38), the floor defining a semicircular opening at a distal end of the seat portion from the blade (figure 3, semicircular or U-shaped cavity 40), wherein the pair of opposing sidewalls and the semicircular opening of the seat portion of the wiper attachment are configured to engage with the gear cover in order to securely couple the wiper attachment to the gear cover (see figure 1, engagement member 34 walls coupled to bottom of gear cover 14).
Regarding claim 11, Fallowes discloses further comprising a magnet positioned within the seat portion of the wiper attachment, the magnet configured to removably engage with the gear cover (column 4, lines 1-10) (it is noted that “configured to removably engage with the gear cover is vague and provides no further structural limitations or elements, and the magnet of Fallowes is capable to removably engage the gear cover by holding the engagement member 34 (seat portion) in a closed configuration around the bottom extended portion of gear cover 14 as shown in figure 1).
Regarding claim 12, Fallowes discloses further comprising a snap positioned on the seat portion of the wiper attachment, the snap configured to removably engage with the gear cover (figure 3, male nipple 52 and socket 58; column 3, lines 58-67) (it is noted that “configured to removably engage with the gear cover is vague and provides no further structural limitations or elements, and the snap of Fallowes is capable to removably engage the gear cover by holding the engagement member 34 (seat portion) in a closed configuration around the bottom extended portion of gear cover 14 as shown in figure 1).
Regarding claim 13, Fallowes discloses further comprising body portion of a first specified width defined in the gear cover, wherein the pair of opposing sidewalls of the seat portion of the wiper attachment are spaced at a second specified width, the second specified width no less than the first specified width whereby the pair of opposing sidewalls engages the first specified width of the body portion of the gear cover (see figure 1, sidewalls of engagement member 34 surround walls of bottom body portion of 13 to read on the widths as recited in the limitations as recited in claim 4).
Regarding claim 14, Fallowes discloses when the wiper attachment is coupled to the gear cover, the pair of opposing sidewalls engages the body portion of the gear cover, thereby reducing rotation of the wiper attachment relative to the gear cover around a vertical axis (see figure 1, engagement member 34 sidewalls engage bottom portion of gear cover 14).
Regarding claim 15, Fallowes discloses further comprising a round shaft portion of a first specified radius defined in the gear cover (figure 1, beater shaft 23 extends from and is defined in the gear cover; column 2, lines 50-61), wherein the semicircular opening of the seat portion of the wiper attachment defines a second specified radius (cavity 40 radius), the second specified radius no less than the first specified radius such that the semicircular opening of the seat portion engages the first specified radius of the round shaft portion of the gear cover (beater 23 passes through cavity 40 radius so second radius is no less than first radius; column 3, lines 44-51; column 4, lines 36-41).
Regarding claim 16, Fallowes discloses wherein, when the wiper attachment is coupled to the gear cover, the semicircular opening engages the round shaft portion of the gear cover, thereby reducing translation of the wiper attachment relative to the gear cover in the lateral direction and transverse direction (see figure 1, wiper attachment 30 coupled to bottom extension of gear cover 14; column 4, lines 43-47).
Regarding claim 17, Fallowes discloses wherein the wiper attachment removably couples to the gear cover such that the wiper attachment is rotatable around a central axis of the stand mixer (see figure 1, wiper 30 has engagement member 34 attached to gear cover 14; column 4, lines 43-47).
Regarding claim 18, Fallowes discloses wherein the wiper attachment comprises a scraper extending from an outer portion of the blade (scraper element 36), wherein the scraper continuously contacts a bowl of the stand mixer throughout an entire revolution of the mixing shaft (column 3, lines 12-25).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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, Claire X Wang can be reached at 571-270-1051. 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.
/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
Prosecution Insights