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 .
Response to Amendment
This second Non-final Rejection is in response to the Amendment dated February 4, 2026 filed in response to the Non-final Rejection dated November 5, 2025.
The 35 U.S.C. 112(b) rejections made in the previous Office action are withdrawn in view of amendments made to the claims addressing the rejections.
The 35 U.S.C. 102(a)(1) rejection made in the previous Office action is modified as explained below. This Office action is a second non-final rejection allowing applicant the opportunity to respond to a more appropriately stated rejection.
The 35 U.S.C. 103 rejections made in the previous Office action are modified to reflect the restated 35 U.S.C. 102(a)(1) rejection.
Response to Arguments
Starting in the bottom half of page 5 of the Amendment, applicant argues Prosenbauer does not disclose or contemplate a galley insert beverage making system with a blending element configured to be rotationally driven by the motor because the rejection in the previous Office action cited mixing blades 27 of Prosenbauer as the corresponding structure anticipating the claimed blending element. Examiner agrees to the extent the rejection in the previous Office action inaccurately cited mixing blades 27 as corresponding to the claimed blending element. However, Prosenbauer does disclose structure which more appropriately corresponds to the claimed blending element as explained in detail below. Therefore, this Office action in response to the Amendment is being made as a non-final rejection to allow applicant the opportunity to respond to a more appropriately stated rejection as presented below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 has been amended to claim, in relevant part, “a condenser element located remote from a storage tank”. However, a storage tank is not described nor shown. Claim 11 will be interpreted as the relevant part claims “a condenser element located remote from the evaporator element” so as to be consistent with paragraph [0023] of applicant’s written description.
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.
Claims 1-3, 5, 9, 11-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Austrian Patent Publication No. AT 317 939 B by Prosenbauer & Co., hereinafter “Prosenbauer”. Citation to Prosenbauer is made to the European Patent Office translation.
Regarding claim 1, Prosenbauer discloses a galley insert beverage making system for producing chilled drinks (the beverage making system device shown in Fig. 1; ¶[0016]) comprising:
a body configured to be inserted into a vehicle galley compartment (body housing 1 is capable of being inserted into a vehicle galley compartment; ¶[0017]), the body comprising:
a cooling system (cooling system compressor 2, fan 3, condenser 4 and cooling coils 17 in Fig. 1; ¶[0018] and [0026]); and
a motor (motor 20 in Fig. 1; ¶[0028]), and
a pitcher system comprising:
a pitcher (pitcher upper container 7 and lower part 6 in Fig. 1; ¶[0019]);
a blending element configured to be rotationally driven by the motor (blending element scraper wings 22 in Fig. 1 are configured to be rotationally driven by motor 20; ¶[0027]-[0030]); and
a stirring element configured to be rotationally driven by the motor (stirring element kneading arms 29 in Fig. 1 driven by motor 20; ¶[0037]),
wherein the body defines a cavity configured to receive the pitcher (body housing 1 defines a cavity which receives lower part 6 of the pitcher made up of upper and lower parts 6 and 7 as shown in Fig. 1), and wherein the system is configured such that the cooling system cools the pitcher (the cooling system cools lower part 6 of the pitcher via cooling coils 17 in Fig. 1; ¶[0026]).
Regarding claim 2, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. Prosenbauer further discloses the body comprises a first meshing element which is coupled to the motor (first meshing element shaft 19 in Fig. 1 coupled to motor 20; ¶[0027] and [0028]), and wherein the pitcher comprises a second meshing element which is coupled to the blending element and/or to the stirring element (second meshing element guide tube 18 in Fig. 1; ¶[0027]), wherein the first and second meshing elements are configured to mesh when the pitcher is received inside the cavity such that rotational drive is transferred from the motor to the blending element and/or to the stirring element (18 and 19 mesh as shown in Fig. 1 to transfer rotational drive from motor 20 to blending element scraper wings 22 and stirring element 29).
Regarding claim 3, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. Prosenbauer further discloses the blending element scraper wings 22 are configured to be removable from the pitcher. Scraper wings 22 in Fig. 1 are shown mounted on bearing hub 24 separate from the other components of the pitcher such that they may be removed.
Regarding claim 5, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. Prosenbauer further discloses the stirring element is configured to removably attach to the blending element. Fig. 1 shows stirring element kneading arms 29 are attached to sleeve 28 which is removable attached to blending element scraping wings 22 through middle part 26.
Regarding claim 9, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. Prosenbauer further discloses the cooling system comprises a cooling element located proximal to the cavity such that the cooling element is proximal to the pitcher when the pitcher is received within the cavity (cooling element coils 17 in Fig. 1 are located proximal to the cavity of housing 1 as shown and are proximal to lower part 6 of the pitcher container; ¶[0026]).
Regarding claim 11, Prosenbauer anticipates the galley insert beverage making system of claim 9 as explained above. Prosenbauer further discloses the cooling element comprises an evaporator element (cooling element coils 17 in Fig. 1 are an evaporator element which converts the refrigerant from liquid to gas), and wherein the cooling system further comprises a condenser element located remote from the evaporator element (condenser 4 in Fig. 1 is located remote from evaporator element coils 17 in Fig. 1), and a compressor fluidly connected between the evaporator element and the condenser element (compressor 2 in Fig. 1; ¶[0017] and[0018]).
Regarding claim 12, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. Prosenbauer further discloses the cooling system is configured to cool the beverage to sub-zero temperatures. Paragraph [0066] discloses the cooling system is capable of chilling drinks to frozen temperatures.
Regarding claim 14, Prosenbauer discloses a pitcher system for use with a cooling system cooling system compressor 2, fan 3, condenser 4 and cooling coils 17 in Fig. 1), and a motor (motor 20 in Fig. 1), to make frozen slush drinks, the pitcher system comprising:
a pitcher (pitcher made up of lower container part 6 and upper container part 7 in Fig. 1);
a blending blade configured to be rotationally driven by the motor (blending scraper wing blades 22 in Fig. 1); and
a stirring element configured to be rotationally driven by the motor (stirring element kneading arms 29 in Fig. 1),
wherein the pitcher system is configured such that ingredients are blended by the blending blade, and then stirred by the stirring element whilst the cooling system cools the pitcher, resulting in a frozen slush drink (the system of Fig. 1 is configured such that ingredients placed in pitcher container 6 and 7 are blended by scraper wings 22 and stirred by kneading arms 29 while being cooled by cooling coils 17).
Regarding claim 15, Prosenbauer discloses a beverage making system for producing frozen slush drinks (device shown in Fig. 1) comprising: a cooling system (cooling system compressor 2, fan 3, condenser 4 and cooling coils 17 in Fig. 1); a motor (motor 20 in Fig. 1), and a pitcher system, the pitcher system comprising:
a pitcher (pitcher lower and upper container parts 6 and 7 in Fig. 1);
a blending element configured to be rotationally driven by the motor (blending element scraper wings 22 in Fig. 1 are rotationally driven by motor 20); and
a stirring element configured to be rotationally driven by the motor (stirring element kneading arms 29 in Fig. 1 are rotationally driven by motor 20),
wherein the beverage making system is configured such that the cooling system cools the pitcher (cooling coils 17 in Fig. 1 cools lower part 6 of the pitcher container).
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.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Prosenbauer in view of U.S. Patent Application Publication No. US 2018/0110374 A1 by Hammad, hereinafter “Hammad”.
Regarding claim 4, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. However, Prosenbauer does not disclose the stirring element comprises a stirring blade having a spiral shape.
In the same field of blending appliances, Hammad teaches it was known before the effective filing date of the claimed invention to stack a spiral shaped stirring blade (spiral blades 138a and b in Figs. 3 and 4) on top of blending blade elements (blades 134 and 135 in Figs. 3 and 4). See paragraphs [0013] through [0023].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute spiral stirring blades as taught by Hammad for Prosenbauer’s kneading arms 29 to achieve the predictable result of Prosenbauer’s device which has spiral shaped stirring blades stacked on top of Prosenbauer’s scraping wings 22. A person of ordinary skill would have recognized Hammad’s spiral stirring blades would provide the same stirring action as Prosenbauer’s kneading arms 29.
Regarding claim 6, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. Prosenbauer further discloses the blending element (blending element scraper wings 22 in Fig. 1) comprises a third meshing element (meshing element drivers 33 in Fig. 1; ¶[0044] and [0045]) and wherein the stirring element (stirring element kneading arms 29 in Fig. 1) comprises a fourth meshing element (meshing element sleeve 28 in Fig. 1). However, rotational drive is transferred from the stirring element to the blending element through drivers 33. Therefore, Prosenbauer does not disclose the last limitation of claim 6 requiring rotational drive to be transferred from the blending element to the stirring element.
In the same field of blending appliances, Hammad teaches it was known before the effective filing date of the claimed invention to stack a spiral shaped stirring blade (spiral blades 138a and b in Figs. 3 and 4) on top of blending blade elements (blades 134 and 135 in Figs. 3 and 4). See paragraphs [0013] through [0023]. Fig. 3 shows rotary shaft 139 of spiral stirring blades 138a and b is meshed with blending blades 134 and 135 through the openings in bases 134a and 135a such that the rotational drive imparted to blending blades 134 and 135 is transferred to stirring blades 138a and b via rotary shaft 139.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the stirring and blending agitator taught by Hammad for the agitator taught by Prosenbauer to achieve the predictable result of Prosenbauer’s system where the blending element meshes with the stirring element to drive the stirring element. A person of ordinary skill would have recognized applying the teaching of Hammad to the system of Prosenbauer would achieve the predictable result of Prosenbauer’s system where the stirring element is rotationally driven by the blending element as Hammad teaches.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Prosenbauer in view of U.S. Patent Application Publication No. US 2021/0022557 A1 by Atinaja, hereinafter “Atinaja”.
Regarding claim 7, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. However, Prosenbauer is silent regarding the operational speeds of motor 20.
In the same field of blending appliances, Atinaja teaches it was known before the effective filing date of the claimed invention to configure the motor of a blending appliance to operate at at least two rotational speeds. See paragraph [0046] which discloses a blender motor configured to have nine different speed settings.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure Prosenbauer’s device motor to operate at at least two rotational speeds as Atinaja teaches. A person of ordinary skill would have recognized applying the teaching of Atinaja to Prosenbauer’s device would achieve the predictable result of Prosenbauer’s device with a multi-speed motor.
Regarding claim 8, the prior art reference combination of Prosenbauer in view of Atinaja renders the galley insert beverage making system of claim 7 unpatentable as explained above. Paragraph [0046] of Atinaja further teaches speed setting one may be 100 RPM, which is below the 500 RPM stirring speed claimed, and speed setting five may be 10,000 RPM, which is greater than the 5000 RPM blending speed claimed.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Prosenbauer in view of U.S. Patent No. 3,209,554 to MacManus, hereinafter “MacManus”.
Regarding claim 10, Prosenbauer anticipates the galley insert beverage making system of claim 9 as explained above. However, Prosenbauer’s cooling element coils 17 are incorporated into lower part 6 of Prosenbauer’s pitcher, and thus does not disclose the limitations of claim 10.
In the same field of food preparation appliances, MacManus teaches it was known before the effective filing date of the claimed invention to position cooling element coils within the base of a food preparation appliance such that the coils are configured to be in contact with an outer surface of the food-holding container when the container is placed within the base of the appliance. See Fig. 1 of MacManus and column 2, line 36 through column 3, line 13.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the teaching of MacManus to Prosenbauer’s device to achieve the predictable result of Prosenbauer’s device where the cooling coil is located within Prosenbauer’s base housing 1. A person of ordinary skill would have recognized applying the teaching of MacManus to Prosenbauer’s device would simplify the construction of Prosenbauer’s pitcher by locating cooling coil 17 in housing 1 instead of in lower part 6 of the pitcher container.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Prosenbauer in view of U.S. Patent Application Publication No. US 2015/0115100 A1 by Schliwa et al., hereinafter “Schliwa”.
Regarding claim 13, Prosenbauer anticipates the galley insert beverage making system of claim 1 as explained above. However, Prosenbauer does not disclose the specificity of claim 13, namely:
wherein the body comprises one or more guide rails configured to cooperate with corresponding guide features on the vehicle galley compartment, wherein the guide rails comprise insulation configured to reduce the transfer of vibrations from the body to the vehicle galley compartment.
In the same field of vehicle galley systems, Schliwa teaches it was known before the effective filing date of the claimed invention to fit vehicle galley system components with guide rails configured to cooperate with corresponding guide features on the vehicle galley compartment which includes protective ledges designed to absorb shocks and vibrations from equipment accommodated in a storage cabinet of an aircraft galley. See paragraph [0056] and Fig. 3.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the teaching of Schliwa to Prosenbauer’s device to achieve the predictable result of Prosenbauer’s device where the body of Prosenbauer’s device comprises one or more guide rails configured to cooperate with corresponding features of a vehicle galley compartment and comprising insulation configured to reduce transfer of vibration from Prosenbauer’s device to the vehicle’s galley compartment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/P DEREK PRESSLEY/ Examiner, Art Unit 3725
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