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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
First fixing member in claims 10 and 11,
Second fixing member in claim 11.
Prong 1: First fixing member (Generic place holder)
Prong 2: presses and fixes the heating member on the first wall. (Function)
Prong 3: no structure
Prong 1: Second fixing member (Generic place holder)
Prong 2: presses the second sealing member on the heating member (Function)
Prong 3: no structure
The specification recites “In some embodiments, the shakable milk warmer further comprises a second fixing member 160, the second fixing member 160 is mounted on the first fixing member 90 or the heating member 20, the second fixing member 160 is provided with a mounting groove, the second sealing member 80 is arranged in the mounting groove, the second fixing member 160 presses the second sealing member 80 on the heating member 20, and the rotating shaft 30 extends through the second sealing member 80 and the second fixing member 160.” In ¶0043 and Figure 4. The examiner interprets the first and second fixing member as common mounting brackets.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 6 objected to because of the following informalities:
Claim 6 recites “and the cooperative connection is realized by at least one of the following methods:”, Claim 6 should read “and the cooperative connection is realized by at least one of the following:
For clarity applicant should not use a term such as “method” in an apparatus claim.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a positioning column” and “a positioning hole” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-3, 5-6, 8-9, and 13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 20160015209 A1 - Dunn.
Regarding claim 1, Dunn is directed towards an cooking robot. Dunn does teach a heating member (30), wherein the heating member is in heat transfer connection with an outer wall surface of the water bath chamber ([0072] Likewise, the control circuitry of the ECU 20 may be adapted to control the speed of the rotation of the basket 12 as a result the heat transfer from the heating elements 30 across the warming chamber 12 to an outer surface of the container 60 as will be described in more detail.), a rotating shaft (42), wherein the rotating shaft is rotatably arranged to extend through a bottom portion of the water bath chamber, a connecting member (55), wherein the connecting member is arranged at one end of the rotating shaft located in the water bath chamber; (Figure 9 and [0086] The interconnection mechanism 55 is provided between the shaft 42 of the motor 40 and the basket 50 that cooperates to rotate the basket 50.) and a cradle (80), wherein the cradle comprises: a clamping portion (82), the clamping portion comprises a plurality of elastic sheets arranged on an inner side wall of the cradle in a circumferential direction ([0062] The snap-fit basket 80 includes a generally cylindrical outer surface 86 having a plurality of inwardly extending ribs 82.), and the elastic sheets are configured for abutting against an inner side wall of a milk bottle to clamp the milk bottle ([0062] As shown in FIGS. 20-22, the extending ribs 82 are inward biased and adapted to restrictively flex outward in order to grab the outer surface of the container 60 between the inward biased ribs 82 and secure the container 60 via a friction fit.), the shakable milk warmer comprises a first quick-release portion (56) and a second quick-release portion (85 and 83) ([0063] – [0065]).
Regarding claim 2, Dunn teaches the limitations of claim 1. Dunn does teach the first quick-release portion is a protrusion arranged on the connecting member ([0064] second geared end 56 of the intermediate gear 53 mates with the slave gear 85. In operation, the first drive gear 44 drives the slave gear 85 through the intermediate gear 53.).
Regarding claim 3, Dunn teaches the limitations of claim 1. Dunn does teach wherein the second quick-release portion is a groove arranged in the cradle (Figure 21 shows a groove formed by elements 83 and 85.), and the cradle is detachably and limitedly mounted with the first quick-release portion through the groove ([0065] Referring to FIGS. 21-22, once the snap lock basket 80 is locked into place, the snap lock basket 80 may be removed. The tabs 58 are inwardly depressed so that the teeth on the slave gear 85 are disengaged from their mating position with mating teeth on the intermediate gear 53. Likewise, the projection 83 on the basket 80 is depressed inward to allow the first geared end 54 of the intermediate gear 53 to overcome the projection 83 and become disengaged from the warming chamber 12.)
Regarding claim 5, Dunn teaches the limitations of claim 1. Dunn does teach the cradle comprises a handle, the handle is located at an opening of the cradle, and the handle is configured for taking and placing the cradle ([0066] Handles 87 are provided on the basket 80 to allow a user to conveniently grab onto and withdraw the basket 80 from within the warming chamber 12. The handles 87 may be constructed to extend outward from an upper lip of the basket 80 outward into projecting handles 87.).
Regarding claim 6, Dunn teaches the limitations of claim 1. Dunn does teach the first quick-release portion and the second quick-release portion are cooperatively connected through a positioning column (Figure 23 shows a column 53 extending from the body 10) and a positioning hole (Figure 23 shows a hole for the slave gear 56), and the cooperative connection is realized by at least one of the following: the positioning column and/or the positioning hole is made of an elastic material, and the positioning column and the positioning hole are in interference fit with each other ([0065] The tabs 58 are inwardly depressed so that the teeth on the slave gear 85 are disengaged from their mating position with mating teeth on the intermediate gear 53. Likewise, the projection 83 on the basket 80 is depressed inward to allow the first geared end 54 of the intermediate gear 53 to overcome the projection 83 and become disengaged from the warming chamber 12.). ¶0065 shows that the tabs and gearing can be pressed in by the user and are flexible giving it a “interference fit”.
Regarding claim 8, Dunn teaches the limitations of claim 1. Dunn does teach the shakable milk warmer comprises a shell (10), the shell comprises a first wall, the first wall forms a cavity with two open ends, the heating member is mounted at one end of the cavity, the first wall and the heating member are enclosed to form the water bath chamber (Figure 17 shows a first side wall 11 with two open ends, one end for the container 60 and the other end for the heaters 30), the shakable milk warmer comprises a first sealing member, and the first sealing member is mounted between the first wall and the heating member ([0083] Here, the housing 10 may be provided with another sealing element disposed between the warming chamber 12 and the heating element 30 to further prevent the first fluid 61 from leaking out of the reservoir 14 in the warming chamber 12.).
Regarding claim 9, Dunn teaches the limitations of claim 8. Dunn does teach the shakable milk warmer comprises a second sealing member, and the second sealing member is mounted between the rotating shaft and the bottom portion of the water bath chamber ([0058] For example, various gaskets may be used throughout the housing 10 to seal the lower heating and driving control compartment 200 of the housing 10 from the fluids in the warming chamber 12, and/or any other component requiring sealing according to the subject disclosure. The various gaskets and/or seals may be formed of rubber, and/or any material or process suitable for producing a watertight seal.).
Regarding claim 10, Dunn teaches the limitations of claim 9. Dunn does teach the shakable milk warmer comprises a first fixing member, the first fixing member is mounted on the shell, and the first fixing member presses and fixes the heating member on the first wall. (See figure 9 below).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160015209 A1 – Dunn as applied to claim 1 above, and further in view of US 20080134905 A1- Peng.
Regarding claim 4, Dunn teaches the limitations of claim 1. Dunn does not expressly teach the shakable milk warmer comprises a rotating member, an outer ring of the rotating member is in interference fit with the connecting member, an inner ring of the rotating member is in interference fit with an inner ring of the water bath chamber, and the rotating member is configured for horizontally limiting the connecting member and improving stability of the connecting member during rotation
Peng is directed towards an self-stirring cooking device. Peng does teach the shakable milk warmer comprises a rotating member (132), an outer ring (outer part of 132 contacting the container 102) of the rotating member is in interference fit with the connecting member (Figure 3 and [0030] packing 134 is compressed and squeezed against shaft 120 and bushing 132 to create a seal.), an inner ring (inner part of 132 contacting the shaft 120) of the rotating member is in interference fit with an inner ring of the water bath chamber (102),
Peng does not expressly teach the rotating member is configured for horizontally limiting the connecting member and improving stability of the connecting member during rotation. But it is inherent that the bushing 132 inherently reduce friction and keep whatever that is placed inside them to be more stable
Regarding the rotating member is configured for horizontally limiting the connecting member and improving stability of the connecting member during rotation, the applicant is respectfully advised that it has been held by the courts that where a prior art apparatus is identical or substantially identical in structure, claimed properties or functional characteristics are presumed to be inherent, and a prima facie case of either anticipation or obviousness has been established. See MPEP § 2112.01. In this case, Peng discloses all the structural features of the claimed invention (as detailed above) and was therefore considered to anticipate the cited functional limitations.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160015209 A1 – Dunn as applied to claim 1 above, and further in view of US 20140083306 A1 - Lee.
Regarding claim 7, Dunn teaches the limitations of claim 1. Dunn does not expressly teach the shakable milk warmer further comprises: a rolling body, and the rolling body is arranged between a bottom portion of the cradle and the bottom portion of the water bath chamber.
Lee is directed to a cooking device. Lee does teach the shakable milk warmer further comprises: a rolling body ([0022] Further, it is preferable to dispose a plurality of guide rollers 34 around the cooking container 20).
Although Lee does not expressly teach the rolling body is arranged between a bottom portion of the cradle and the bottom portion of the water bath chamber. The roller body 34 that is taught by Lee is located on the side of the container instead of the bottom, but the roller body is used for stable movement of the container.
Lee discloses all the limitations of the claims, except for the rolling body is arranged between a bottom portion of the cradle and the bottom portion of the water bath chamber. It would have been obvious to one of ordinary skill in the art at the time the invention was made to the rolling body is arranged between a bottom portion of the cradle and the bottom portion of the water bath chamber, since it has been held that rearranging parts of a prior art structure involves only routing skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160015209 A1 - Dunn as applied to claim 8 above, and further in view of US 20190082876 A1 - Shi.
Regarding claim 12, Dunn teaches the limitations of claim 8. Dunn does teach the heating member comprises a mounting tray and a heating element, the shakable milk warmer further comprises a temperature sensor and a fuse, the heating element, (See figure 9 below).
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Dunn also teaches the temperature sensor and the fuse are connected with the heating element ([0085] and [0099]).
Dunn does not expressly teach the heating tube and the temperature sensor and the fuse are mounted on the mounting tray.
Dunn discloses all the limitations of the claims, except for the temperature sensor and the fuse are mounted on the mounting tray. It would have been obvious to one of ordinary skill in the art at the time the invention was made to the temperature sensor and the fuse are mounted on the mounting tray, since it has been held that rearranging parts of a prior art structure involves only routing skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Shi is directed towards an multifunctional pot. Shi does teach a heating tube ([0068] heating element 210 includes a heating tube 211).
Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the heating tubes of Shi for the heating element of Dunn.
Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160015209 A1 - Dunn as applied to claim 8 above, and further in view of US 20180368613 A1 - Welles.
Regarding claim 13, Dunn teaches the limitations of claim 8. Dunn does teach a top cover, the top cover is located at an opening of the water bath chamber, and the top cover is configured for limiting the cradle. ([0113] FIG. 33 depicts the basket 50 having a cap 70).
Dunn does not expressly teach the top cover is detachably mounted on the shell.
Welles is directed towards an container. Welles does teach the top cover is detachably mounted on the shell ([0064] The shell lid 4 can be removably attached to a top end of the outer shell 2 by screwing the shell lid 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dunn to include the top cover is detachably mounted on the shell because the lid of Welles combined with the shell of Dunn allows the entire unit to be covered and protect the container within.
Allowable Subject Matter
Claim 11 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.
Regarding claim 11, all cited prior art does not expressly teach the first sealing member is wrapped around an edge of the heating member, the first wall forms a mounting step corresponding to the heating member, the first fixing member presses the first sealing member on the mounting step, the shakable milk warmer comprises a second fixing member, the second fixing member is mounted on the first fixing member or the heating member, the second fixing member is provided with a mounting groove, the second sealing member is arranged in the mounting groove, the second fixing member presses the second sealing member on the heating member, and the rotating shaft extends through the second sealing member and the second fixing member.
Dunn does teach a fixing member, rotating member, heating member and seals that are attached to the fixing members but are silent on the orientation and placement of said elements withing the apparatus. The examiner deems any combination will be hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170086620 A1 – DUINEVELD does teach heating elements on the side wall for heating of a bottle.
US 20140197158 A1 – Ijuin does teach a heating device that spins the container with a lid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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 W 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.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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