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, 2, 7, 9, 10, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright et al. (U.S. Patent No. 3,318,583).
Regarding claim 1, Wright et al. discloses a stand mixer (figure 1), comprising:
a base (base 10), the base including a recess (see figures 1-4, area delimited by shoulder 24);
a support arm attached to the base and extending upwardly therefrom (figure 1, stand 11);
a head attached to an upper end of the support arm and extending generally horizontally therefrom above the recess in the base (figure 1, mixer 12); and
a bowl including a lower skirt configured to mount in the recess of the base (jar 20, see figures 2 and 3 with skirt, not labeled, extending below bottom 21);
wherein the recess includes one of a plurality of projections and a plurality of indentations (figures 2-4, bearing sleeves/collars 18 and 19);
wherein the skirt includes the other of a plurality of projections and a plurality of indentations (figures 2-4, boss 22 and 23);
wherein the projections and the indentations are disposed generally vertically to allow the skirt to be (a) lowered substantially directly vertically into the recess for mounting, each of the projections being received in a respective indentation, and (b) raised substantially directly vertically from the recess for disengagement (figures 2-4, #18, 19, 22 and 23; column 1, lines 15-19; column 2, lines 30-34).
Regarding claim 2, Wright et al. discloses wherein the indentations are located on the skirt (figures 2-4, bearing sleeves/collars 18 and 19) and the projections are located on the base (figures 2-4, boss 22 and 23).
Regarding claim 7, Wright et al. discloses wherein the head is pivotally attached to the support arm (column 1, lines 70-72).
Regarding claim 9, Wright et al. discloses a stand mixer (figure 1), comprising:
a base (base 10), the base including a recess (see figures 1-4, area delimited by shoulder 24);
a support arm attached to the base and extending upwardly therefrom (figure 1, stand 11);
a head attached to an upper end of the support arm and extending generally horizontally therefrom above the recess in the base (figure 1, mixer 12); and
a bowl including a lower skirt configured to mount in the recess of the base (jar 20, see figures 2 and 3 with skirt, not labeled, extending below bottom 21);
wherein the recess includes one of a plurality of projections and a plurality of indentations (figures 2-4, bearing sleeves/collars 18 and 19);
wherein the skirt includes the other of a plurality of projections and a plurality of indentations (figures 2-4, boss 22 and 23);
wherein the projections and the indentations are disposed generally vertically to allow the skirt to be lowered substantially directly vertically into the recess for mounting, each of the projections being received in a respective indentation (figures 2-4, #18, 19, 22 and 23; column 1, lines 15-19; column 2, lines 30-34); and
wherein the projections and indentations are configured to resist rotation of the bowl relative to the base when mounted (figures 2-4, #18, 19, 22 and 23; column 1, lines 15-19; column 2, lines 30-34).
Regarding claim 10, Wright et al. discloses wherein the indentations are located on the skirt (figures 2-4, bearing sleeves/collars 18 and 19) and the projections are located on the base (figures 2-4, boss 22 and 23).
Regarding claim 15, Wright et al. discloses wherein the head is pivotally attached to the support arm (column 1, lines 70-72).
Regarding claim 17, Wright et al. discloses a stand mixer (figure 1), comprising:
a base (base 10), the base including a recess (see figures 1-4, area delimited by shoulder 24);
a support arm attached to the base and extending upwardly therefrom (figure 1, stand 11);
a head attached to an upper end of the support arm and extending generally horizontally therefrom above the recess in the base (figure 1, mixer 12); and
a bowl including a lower skirt configured to mount in the recess of the base (jar 20, see figures 2 and 3 with skirt, not labeled, extending below bottom 21);
wherein the recess includes one of a plurality of projections and a plurality of indentations (figures 2-4, bearing sleeves/collars 18 and 19);
wherein the skirt includes the other of a plurality of projections and a plurality of indentations (figures 2-4, boss 22 and 23);
wherein the projections and the indentations are disposed generally vertically to allow the skirt to be lowered substantially directly vertically into the recess for mounting, each of the projections being received in a respective indentation (figures 2-4, #18, 19, 22 and 23; column 1, lines 15-19; column 2, lines 30-34); and wherein a lower edge of the skirt engages a floor of the recess when the bowl is mounted (see figures 2 and 3, skirt, not labeled, below bottom 21 contacts floor of base 12 within shoulder 24).
Claim(s) 1, 2, 8, 9, 10, 16, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN103961000A).
Regarding claim 1, Li discloses a stand mixer (figure 1), comprising:
a base (figures 1 and 6, see marked up figure 6 below), the base including a recess (see marked up figure 6 below);
a support arm attached to the base and extending upwardly therefrom (figures 1 and 6, see marked up figure 6 below);
a head attached to an upper end of the support arm and extending generally horizontally therefrom above the recess in the base (figure 1, not labeled, top horizontal part); and
a bowl (figure 1, #1) including a lower skirt configured to mount in the recess of the base (figure 6, #29 mounts to bottom of bowl and becomes the lower skirt that is mounted in the recess, as indicated by the dotted vertical line);
wherein the recess includes one of a plurality of projections and a plurality of indentations (see marked up figure 6 below);
wherein the skirt includes the other of a plurality of projections and a plurality of indentations (see marked up figure 6 below);
wherein the projections and the indentations are disposed generally vertically to allow the skirt to be (a) lowered substantially directly vertically into the recess for mounting, each of the projections being received in a respective indentation, and (b) raised substantially directly vertically from the recess for disengagement (figure 6, with dotted vertical line indicating skirt vertically lowered into recess).
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Regarding claim 2, Li discloses wherein the indentations are located on the skirt (see marked up figure 6 above) and the projections are located on the base (see marked up figure 6 above).
Regarding claim 8, Li discloses wherein the projections are spaced substantially equidistantly around the recess (see marked up figure 6 above, although the view does not show all projections, based on the alignment of the skirt, it can be deduced that there are four projections equidistantly spaced).
Regarding claim 9, Li discloses a stand mixer (figure 1), comprising:
a base (figures 1 and 6, see marked up figure 6 above), the base including a recess (see marked up figure 6 above);
a support arm attached to the base and extending upwardly therefrom (figures 1 and 6, see marked up figure 6 above);
a head attached to an upper end of the support arm and extending generally horizontally therefrom above the recess in the base (figure 1, not labeled, top horizontal part); and
a bowl (figure 1, #1) including a lower skirt configured to mount in the recess of the base (figure 6, #29 mounts to bottom of bowl and becomes the lower skirt that is mounted in the recess, as indicated by the dotted vertical line);
wherein the recess includes one of a plurality of projections and a plurality of indentations (see marked up figure 6 above);
wherein the skirt includes the other of a plurality of projections and a plurality of indentations (see marked up figure 6 above);
wherein the projections and the indentations are disposed generally vertically to allow the skirt to be lowered substantially directly vertically into the recess for mounting, each of the projections being received in a respective indentation (figure 6, with dotted vertical line indicating skirt vertically lowered into recess); and
wherein the projections and indentations are configured to resist rotation of the bowl relative to the base when mounted (figure 6, see shape of projections and indentations).
Regarding claim 10, Li discloses wherein the indentations are located on the skirt (see marked up figure 6 above) and the projections are located on the base (see marked up figure 6 above).
Regarding claim 16, Li discloses wherein the projections are spaced substantially equidistantly around the recess (see marked up figure 6 above, although the view does not show all projections, based on the alignment of the skirt, it can be deduced that there are four projections equidistantly spaced).
Regarding claim 17, Li discloses a stand mixer (figure 1), comprising:
a base (figures 1 and 6, see marked up figure 6 above), the base including a recess (see marked up figure 6 above);
a support arm attached to the base and extending upwardly therefrom (figures 1 and 6, see marked up figure 6 above);
a head attached to an upper end of the support arm and extending generally horizontally therefrom above the recess in the base (figure 1, not labeled, top horizontal part); and
a bowl (figure 1, #1) including a lower skirt configured to mount in the recess of the base (figure 6, #29 mounts to bottom of bowl and becomes the lower skirt that is mounted in the recess, as indicated by the dotted vertical line);
wherein the recess includes one of a plurality of projections and a plurality of indentations (see marked up figure 6 above);
wherein the skirt includes the other of a plurality of projections and a plurality of indentations (see marked up figure 6 above);
wherein the projections and the indentations are disposed generally vertically to allow the skirt to be lowered substantially directly vertically into the recess for mounting, each of the projections being received in a respective indentation (figure 6, with dotted vertical line indicating skirt vertically lowered into recess); and
wherein a lower edge of the skirt engages a floor of the recess when the bowl is mounted (see figure 6, #29 bottom engages bottom in recess of #2; see figure 7, with bottom side wall of #29, not labeled, in contact with bottom recess wall of #2).
Regarding claim 20, Li discloses wherein the projections are spaced substantially equidistantly around the recess (see marked up figure 6 above, although the view does not show all projections, based on the alignment of the skirt, it can be deduced that there are four projections equidistantly spaced).
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.
Claim(s) 5, 6, 13, 14, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al.
Regarding claims 5, 6, 13, 14, 18 and 19, Wright et al. discloses all the limitations as set forth above. However, Wright et al. does not explicitly disclose the exact dimension of overlap. Since the instant specification is silent to unexpected results, it would have been obvious to one of ordinary skill in the art before the time of filing to change the size of overlap of the indentations and projections, since such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). It is well known in the art that the larger the overlap, the more secure the bowl to the base is and that many design parameters are taken into consideration when determining the size of the overlap between the bowl and base.
Claim(s) 5, 6, 13, 14, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li.
Regarding claims 5, 6, 13, 14, 18 and 19, Li discloses all the limitations as set forth above. While the vertical overlap of the projections and indentations of Li appear to be at least 35mm and at least 45mm, Li does not explicitly disclose the exact dimension of overlap. Since the instant specification is silent to unexpected results, it would have been obvious to one of ordinary skill in the art before the time of filing to change the size of overlap of the indentations and projections, since such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). It is well known in the art that the larger the overlap, the more secure the bowl to the base is and that many design parameters are taken into consideration when determining the size of the overlap between the bowl and base.
Claim(s) 3, 4, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Wulf et al. (U.S. Patent No. 7,520,659).
Regarding claims 3, 4, 11, and 12, Li discloses all the limitations as set forth above. However, Li does not disclose the shape of the projections and indentations are tapered from a lower end to an upper end.
Wulf et al. teaches another blender base with food processor (title); wherein the shape of the projections and indentations are tapered from a lower end to an upper end (Figures 3 and 4, 50; figure 6, #74; columns 6-7, lines 51-2).
It is well known in the art that the projections and indentations of couplers between base and bowl can have a variety of shapes of configurations, including tapered, as evidenced by Wulf et al. The change in configuration of shape of a device is obvious absent persuasive evidence that the particular configuration is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). It would have been obvious to one having ordinary skill in the art before the time of filing to modify base and skirt of Li to include a variety of projections and indentation shapes such as tapered, as taught by Wulf et al. An ordinary skilled artisan at the time of the invention would have been motivated to do the foregoing in order to ensure the collared jar does not rotate when placed on the blender base (Wulf et al. columns 6-7, lines 67-2).
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.
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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.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
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