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 09/28/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “the second hole” in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eisen (US PGPub 2014/0126321, hereinafter Eisen).
Regarding claim 1, Eisen discloses a mixing apparatus comprising: a base (figure 2, support 14); a rotary drive unit (motor 16); a rocking assembly (linkage 22); a holder (lid 36); a first stabilizer (pin 32); a second stabilizer (at end 28); the rocking assembly comprising a left rail and a right rail (two rails of linkage 22 can be seen); the rocking assembly being moveably mounted to the base by the first stabilizer and the second stabilizer (see figures 1 and 2); the rotary drive unit being rotationally engaged in between the left rail and the right rail through the base (see figures 1 and 2), wherein the rotary drive unit radially moves the rocking assembly (see figure 4A); and the holder being rotatably mounted to the rocking assembly (the spring mount of lid 36 would allow for at least some rotation). It is noted that, while Eisen does not explicitly mention nut butter, the material or article worked upon does not limit apparatus claims. See MPEP 2115. The Apparatus of Eisen would be fully capable of mixing nut butter, meeting the claim.
Regarding claim 10, Eisen discloses the holder comprising a cradle (figure 3, lid 36) and an adjustable locking strap (springs 38A and 38B); the cradle being rotatably mounted to a connector plate of the rocking assembly; and the adjustable locking strap being connected to the cradle (see figure 3).
Allowable Subject Matter
Claims 2, 3, 5-9, and 11-15 are 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.
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 2 is deemed to contain allowable subject matter because it recites structure of the base not reasonably disclosed, taught, or suggested by the prior art of record.
Claim 3 is deemed to contain allowable subject matter because it recites structure of the rotary drive unit not reasonably disclosed, taught, or suggested by the prior art of record.
Claim 5 is deemed to contain allowable subject matter because it recites structure of the rocking assembly not reasonably disclosed, taught, or suggested by the prior art of record.
Claim 7 is deemed to contain allowable subject matter because it recites structure of the stabilizers not reasonably disclosed, taught, or suggested by the prior art of record.
Claim 9 is deemed to contain allowable subject matter because it recites structure of the stabilizers and rails not reasonably disclosed, taught, or suggested by the prior art of record.
Claim 11 is deemed to contain allowable subject matter because it recites structure of the transmission unit not reasonably disclosed, taught, or suggested by the prior art of record.
Claim 14 is deemed to contain allowable subject matter because it recites structure of the transmission unit not reasonably disclosed, taught, or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art generally discloses devices for mixing material in containers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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 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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/MARC C HOWELL/Primary Examiner, Art Unit 1774