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 § 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.
Claim(s) 1, 3-10 and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fallowes (U.S. Patent No. 6,932,503) in view of Crema et al. (U.S. Patent Pub. No. 2020/0245638).
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 with scraper element 36),
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), whereby the blade of the wiper attachment makes continuous contact with a bowl of the stand mixer (column 3, lines 12-22).
While Fallowes discloses further comprising a magnet positioned within the seat portion of the wiper attachment (column 4, lines 1-10), Fallowes does not explicitly disclose the magnet configured to removably couple directly to the gear cover.
Crema et al. teaches another stand mixer (figures 1 and 7, stand mixer 1) with wiper attachment removably coupled to the gear cover (figures 5-7, adapter element 50 (wiper attachment) coupled to movable cap 10 (gear cover)), the wiper attachment comprising a magnet positioned within the seat portion of the wiper attachment, the magnet configured to removable couple directly to the gear cover, wherein the magnet is configured to engage with the gear cover in order to securely couple the wiper attachment to the gear cover (magnet 53 located in seat portion 76 of wiper attachment 50; [0070]-[0071]; [0087]).
It would have been obvious to one of ordinary skill in the art before the time of filing to provide the magnet of Crema et al. in the wiper attachment seat portion of Fallowes. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach stand mixers with removable wiper attachments. One of ordinary skill in the art would be motivated to provide a magnet because it aids in providing a magnetic coupling between the adapter element and the cap to aid in attracting the adapter to the cap or the main body for a secure attachment (Crema et al. [0070]-[0071]).
Regarding claim 3, Fallowes in view of Cream et al. 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 in view of Cream et al. 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 in view of Cream et al. 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 in view of Cream et al. 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 in view of Cream et al. 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 in view of Cream et al. 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 in view of Cream et al. 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 with scraper element 36), 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), whereby the blade of the wiper attachment makes continuous contact with a bowl of the stand mixer (column 3, lines 12-22).
While Fallowes discloses further comprising a magnet positioned within the seat portion of the wiper attachment (column 4, lines 1-10), Fallowes does not explicitly disclose the magnet configured to removably couple directly to the gear cover.
Crema et al. teaches another stand mixer (figures 1 and 7, stand mixer 1) with wiper attachment removably coupled to the gear cover (figures 5-7, adapter element 50 (wiper attachment) coupled to movable cap 10 (gear cover)), the wiper attachment comprising a magnet positioned within the seat portion of the wiper attachment, the magnet configured to removable couple directly to the gear cover, wherein the magnet is configured to engage with the gear cover in order to securely couple the wiper attachment to the gear cover (magnet 53 located in seat portion 76 of wiper attachment 50; [0070]-[0071]; [0087]).
It would have been obvious to one of ordinary skill in the art before the time of filing to provide the magnet of Crema et al. in the wiper attachment seat portion of Fallowes. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach stand mixers with removable wiper attachments. One of ordinary skill in the art would be motivated to provide a magnet because it aids in providing a magnetic coupling between the adapter element and the cap to aid in attracting the adapter to the cap or the main body for a secure attachment (Crema et al. [0070]-[0071]).
Regarding claim 12, Fallowes in view of Crema et al. 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 in view of Crema et al. 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 in view of Crema et al. 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 in view of Crema et al. 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 in view of Crema et al. 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 in view of Crema et al. 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 in view of Crema et al. 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).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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