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 information disclosure statement (IDS) submitted on 2/8/24 was reviewed and considered with the exception of the NPL documents. The links to the videos were not accessible.
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 U.S Patent No. 10,827,881 to DeVito et al.
In regard to claims 1, 7, 10 and 13, DeVito et al. disclose a stand mixer M defining a vertical direction, a lateral direction, and a transverse direction, the vertical, lateral, and transverse directions being mutually perpendicular, the stand mixer comprising: a housing; a motor disposed in the housing; a mixing shaft operably coupled to the motor; a power take off P at the housing (See Fig. 2); and a masher attachment 2 coupled to the power take off of the housing, the masher attachment comprising: a transmission 8 mechanically coupled to the power take off; a masher drum 4 coupled to the transmission, the masher drum configured for receipt of food items for mashing; and a funnel 16 coupled to a bottom side of the masher drum (See Figs. 1 and 3 and Col. 2, Line 45 – Col. 3, Line 21).
In regard to claims 2, 8 and 14, DeVito et al. disclose a stand mixer, wherein the masher drum of the masher attachment comprises a masher disk 22 configured to rotate within the masher drum (see Fig. 3 and Col. 3, Line 41 – Col. 4, Line 3). As broadly as claimed, sweeper crank 22 reads on the cited claims and the limitations of a “masher disk”, as the crank is configured to “urge the powdered ingredients” through the openings of basket 20. Applicant is advised to structurally distinguish the masher disk of the instant invention over the masher disk as seen and disclosed in DeVito et al.
In regard to claims 3, 9 and 15-16, DeVito et al. disclose a stand mixer, wherein the masher drum of the masher attachment comprises a plurality of holes 20 extending through the bottom side of the masher drum (see Fig. 3 and Col. 3, Line 41 – Col. 4, Line 3). With regard to claim 16, see rejections above and the disclosure of funnel 16.
In regard to claims 4, 11 and 17, DeVito et al. disclose a stand mixer, further comprising a bowl 8 positioned beneath the masher attachment, wherein the funnel of the masher attachment is configured to direct mashed food product to the bowl (See Fig. 4 and Col. 4, Lines 4-25).
In regard to claim 5, DeVito et al. disclose a stand mixer, wherein the bowl of the stand mixer is a main mixing bowl positioned beneath the mixing shaft in the vertical direction (See Fig. 4 and Col. 4, Lines 4-25).
In regard to claims 6, 12 and 18, DeVito et al. disclose a stand mixer, 6. The stand mixer of claim 1, further comprising an opening 48 defined through a top side of the masher drum, the opening configured for receipt of food items for mashing (see Fig. 3 and Col. 3, Lines 1-21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The incorporation of different rotating tools within mixing attachments/devices is extremely well known in the art as evident by the following references, and is not considered to be a novel or inventive feature:
US 2022/0234232 – See Figs. 4-6 and 10.
US 10751897 – See Figs. 8-12.
US 9675101 – See Figs. 16-24.
US 9167938 – See Figs. 3-7.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J KASZTEJNA whose telephone number is (571)272-6086. The examiner can normally be reached M-F, 7AM--3PM.
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, Eileen Lillis can be reached at 571-272-6928. 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.
/MATTHEW J KASZTEJNA/Primary Examiner, Art Unit 3993
Prosecution Insights