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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Capp (U.S. Patent Pub. No. 2002/0027175).
Regarding claim 1, Capp discloses a method for operating a stand mixer (abstract; figure 1, reference #20), the stand mixer comprising a housing (reference #24), a motor disposed in the housing (figure 5, reference #140), a mixing shaft operably coupled to the motor (figure 5, reference #114; [0079]), and a controller (figure 5, reference #160; [0060]), the method comprising:
receiving, at the controller, a command indicative of starting an active stir mode (figure 1, reference #182; [0062]; [0077]);
rotating, by the motor, the mixing shaft in a variable direction in the active stir mode, thereby stirring food contents (figure 2, reference #188; figure 5, arrow above reference #114 indicating variable direction rotation of mixing shaft 114; [0062]; [0077]; [0079]-[0081]), wherein rotating the mixing shaft in the variable direction comprises automatically changing a direction of rotation of the mixing shaft ([0066]; [0075] (the variable direction may be pre-programmed so that the controller automatically changes the direction of rotation of the mixing shaft based on the stored sequences)); and
terminating, by the controller, the active stir mode in response to one of a user input and reaching a predetermined time (figure 1, reference #170, 182 and 186; [0061]-[0062]).
Regarding claim 2, Capp discloses wherein the variable direction comprises rotating the mixing shaft in a first direction for a first period of time and, upon reaching the first period of time, rotating the mixing shaft in a second direction opposite the first direction for a second period of time (figure 1, reference #182, 186 and 188; [0062]; [0066]).
Regarding claim 3, Capp discloses wherein rotating the mixing shaft in the variable direction comprises rotating the mixing shaft at a constant speed (figure 1, reference #182, 184 and 188; [0062]; [0066]).
Regarding claim 4, Capp discloses wherein the variable direction may repeat between rotating the mixing shaft in the first direction and rotating the mixing shaft in the second direction until the active stir mode is terminated (figure 1, reference #182, 186 and 188; [0062]; [0066]; [0077]; [0091]).
Regarding claim 5, Capp discloses further comprising mixing, during a mixing cycle, food contents in the stand mixer ([0081]; [0091]).
Regarding claim 6, Capp discloses wherein the mixing cycle operates at a first constant speed, the active stir mode operating at a second constant speed, the second constant speed of the active stir mode less than the first constant speed of the mixing cycle (figure 1, reference #184; [0062]; [0066]; [0075]; [0077]; [0079]).
Regarding claim 7, Capp discloses wherein receiving the command indicative of an active stir mode comprises one or more of reaching an end of the mixing cycle or receiving a user input (figure 1, reference #182, 184, 186, 188; [0062]; [0066]; [0075]; [0077]; [0079]-[0081]).
Regarding claim 8, Capp discloses a stand mixer (abstract; figure 1, reference #20), comprising:
a housing (reference #24);
a motor disposed in the housing (figure 5, reference #140);
a mixing shaft operably coupled to the motor (figure 5, reference #114; [0079]); and
a controller (figure 5, reference #160; [0060]), the controller configured to:
receive a command indicative of starting an active stir mode (figure 1, reference #182; [0062]; [0077]);
rotate, by the motor, the mixing shaft in a variable direction in the active stir mode, thereby stirring food contents (figure 2, reference #188; figure 5, arrow above reference #114 indicating variable direction rotation of mixing shaft 114; [0062]; [0077]; [0079]-[0081]), wherein rotating the mixing shaft in the variable direction comprises automatically changing a direction of rotation of the mixing shaft ([0066]; [0075] (the variable direction may be pre-programmed so that the controller automatically changes the direction of rotation of the mixing shaft based on the stored sequences)); and
terminate the active stir mode in response to one of a user input and reaching a predetermined time (figure 1, reference #170, 182 and 186; [0061]-[0062]).
Regarding claim 9, Capp discloses wherein the variable direction comprises the controller configured to rotate the mixing shaft in a first direction for a first period of time and, upon reaching the first period of time, rotate the mixing shaft in a second direction opposite the first direction for a second period of time (figure 1, reference #182, 186 and 188; [0062]; [0066]).
Regarding claim 10, Capp discloses wherein rotating the mixing shaft in the variable direction comprises the controller configured to rotate the mixing shaft at a constant speed (figure 1, reference #182, 184 and 188; [0062]; [0066]).
Regarding claim 11, Capp discloses wherein the variable direction may repeat between rotating the mixing shaft in the first direction and rotating the mixing shaft in the second direction until the active stir mode is terminated (figure 1, reference #182, 186 and 188; [0062]; [0066]; [0077]; [0091]).
Regarding claim 12, Capp discloses wherein the controller is further configured to mix, during a mixing cycle, food contents in the stand mixer ([0081]; [0091]).
Regarding claim 13, Capp discloses wherein the mixing cycle operates at a first constant speed, the active stir mode operating at a second constant speed, the second constant speed of the active stir mode less than the first constant speed of the mixing cycle (figure 1, reference #184; [0062]; [0066]; [0075]; [0077]; [0079]).
Regarding claim 14, Capp discloses wherein the command indicative of an active stir mode comprises one or more of reaching an end of a mixing cycle or receiving a user input (figure 1, reference #182, 184, 186, 188; [0062]; [0066]; [0075]; [0077]; [0079]-[0081]).
Regarding claim 15, Capp discloses a method for operating a stand mixer (abstract; figure 1, reference #20), the method comprising:
activating an active stir mode (figure 1, reference #182; [0062]; [0077]);
stirring food contents in a variable direction in the active stir mode (figure 2, reference #188; figure 5, arrow above reference #114 indicating variable direction rotation of mixing shaft 114; [0062]; [0077]; [0079]-[0081]), wherein rotating the mixing shaft in the variable direction comprises automatically changing a direction of rotation of the mixing shaft ([0066]; [0075] (the variable direction may be pre-programmed so that the controller automatically changes the direction of rotation of the mixing shaft based on the stored sequences)); and
terminating the active stir mode in response to one of a user input and reaching a predetermined time (figure 1, reference #170, 182 and 186; [0061]-[0062]).
Regarding claim 16, Capp discloses wherein the variable direction comprises rotating a mixing shaft of the stand mixer in a first direction for a first period of time and, upon reaching the first period of time, rotating the mixing shaft in a second direction opposite the first direction for a second period of time (figure 1, reference #182, 186 and 188; [0062]; [0066]).
Regarding claim 17, Capp discloses wherein rotating the mixing shaft in the variable direction comprises rotating the mixing shaft at a constant speed (figure 1, reference #182, 184 and 188; [0062]; [0066]).
Regarding claim 18, Capp discloses wherein the variable direction may repeat between rotating the mixing shaft in the first direction and rotating the mixing shaft in the second direction until the active stir mode is terminated (figure 1, reference #182, 186 and 188; [0062]; [0066]; [0077]; [0091]).
Regarding claim 19, Capp discloses further comprising mixing, during a mixing cycle, food contents in the stand mixer ([0081]; [0091]).
Regarding claim 20, Capp discloses wherein the mixing cycle operates at a first constant speed, the active stir mode operating at a second constant speed, the second constant speed of the active stir mode less than the first constant speed of the mixing cycle (figure 1, reference #184; [0062]; [0066]; [0075]; [0077]; [0079]).
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wulf et al. (U.S. Patent No. 6,609,821).
Regarding claim 1, Wulf et al. discloses a method for operating a stand mixer (abstract; figure 2), the stand mixer comprising a housing (base 32), a motor disposed in the housing (motor 234 with figures 4 and 5 describing motor shaft 64 coming from inside housing), a mixing shaft operably coupled to the motor (motor shaft 64 and drive shaft 201; column 5, lines 43-60; column 12, lines 38-45), and a controller (controller 224), the method comprising:
receiving, at the controller, a command indicative of starting an active stir mode (figure 28, user interface 222);
rotating, by the motor, the mixing shaft in a variable direction in the active stir mode, thereby stirring food contents (figures 23, 24 and 26; column 12, lines 38-45; column 14, lines 7-35), wherein rotating the mixing shaft in the variable direction comprises automatically changing a direction of rotation of the mixing shaft (column 5, lines 8-14); and
terminating, by the controller, the active stir mode in response to one of a user input and reaching a predetermined time (stop switch 276; column 14, lines 7-30).
Regarding claim 2, Wulf et al. discloses wherein the variable direction comprises rotating the mixing shaft in a first direction for a first period of time and, upon reaching the first period of time, rotating the mixing shaft in a second direction opposite the first direction for a second period of time (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 3, Wulf et al. discloses wherein rotating the mixing shaft in the variable direction comprises rotating the mixing shaft at a constant speed (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 4, Wulf et al. discloses wherein the variable direction may repeat between rotating the mixing shaft in the first direction and rotating the mixing shaft in the second direction until the active stir mode is terminated (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 5, Wulf et al. discloses further comprising mixing, during a mixing cycle, food contents in the stand mixer (figure 26; column 5, lines 8-14; column 14, lines 7-56).
Regarding claim 6, Wulf et al. discloses wherein the mixing cycle operates at a first constant speed, the active stir mode operating at a second constant speed, the second constant speed of the active stir mode less than the first constant speed of the mixing cycle (figures 23 and 24; column 5, lines 8-14; column 14, lines 7-18).
Regarding claim 7, Wulf et al. discloses wherein receiving the command indicative of an active stir mode comprises one or more of reaching an end of the mixing cycle or receiving a user input (figure 28, user interface 222).
Regarding claim 8, Wulf et al. discloses a stand mixer (abstract; figure 2), comprising:
a housing (base 32);
a motor disposed in the housing (motor 234 with figures 4 and 5 describing motor shaft 64 coming from inside housing);
a mixing shaft operably coupled to the motor (motor shaft 64 and drive shaft 201; column 5, lines 43-60; column 12, lines 38-45); and
a controller (controller 224), the controller configured to:
receive a command indicative of starting an active stir mode (figure 28, user interface 222);
rotate, by the motor, the mixing shaft in a variable direction in the active stir mode, thereby stirring food contents (figures 23, 24 and 26; column 12, lines 38-45; column 14, lines 7-35), wherein rotating the mixing shaft in the variable direction comprises automatically changing a direction of rotation of the mixing shaft (column 5, lines 8-14); and
terminate the active stir mode in response to one of a user input and reaching a predetermined time (stop switch 276; column 14, lines 7-30).
Regarding claim 9, Wulf et al. discloses wherein the variable direction comprises the controller configured to rotate the mixing shaft in a first direction for a first period of time and, upon reaching the first period of time, rotate the mixing shaft in a second direction opposite the first direction for a second period of time (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 10, Wulf et al. discloses wherein rotating the mixing shaft in the variable direction comprises the controller configured to rotate the mixing shaft at a constant speed (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 11, Wulf et al. discloses wherein the variable direction may repeat between rotating the mixing shaft in the first direction and rotating the mixing shaft in the second direction until the active stir mode is terminated (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 12, Wulf et al. discloses wherein the controller is further configured to mix, during a mixing cycle, food contents in the stand mixer (figure 26; column 5, lines 8-14; column 14, lines 7-56).
Regarding claim 13, Wulf et al. discloses wherein the mixing cycle operates at a first constant speed, the active stir mode operating at a second constant speed, the second constant speed of the active stir mode less than the first constant speed of the mixing cycle (figures 23 and 24; column 5, lines 8-14; column 14, lines 7-18).
Regarding claim 14, Wulf et al. discloses wherein the command indicative of an active stir mode comprises one or more of reaching an end of a mixing cycle or receiving a user input (figure 28, user interface 222).
Regarding claim 15, Wulf et al. discloses a method for operating a stand mixer (abstract; figure 2), the method comprising:
activating an active stir mode (figure 28, user interface 222);
stirring food contents in a variable direction in the active stir mode (figures 23, 24 and 26; column 12, lines 38-45; column 14, lines 7-35), wherein rotating the mixing shaft in the variable direction comprises automatically changing a direction of rotation of the mixing shaft (column 5, lines 8-14); and
terminating the active stir mode in response to one of a user input and reaching a predetermined time (stop switch 276; column 14, lines 7-30).
Regarding claim 16, Wulf et al. discloses wherein the variable direction comprises rotating a mixing shaft of the stand mixer in a first direction for a first period of time and, upon reaching the first period of time, rotating the mixing shaft in a second direction opposite the first direction for a second period of time (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 17, Wulf et al. discloses wherein rotating the mixing shaft in the variable direction comprises rotating the mixing shaft at a constant speed (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 18, Wulf et al. discloses wherein the variable direction may repeat between rotating the mixing shaft in the first direction and rotating the mixing shaft in the second direction until the active stir mode is terminated (figure 26; column 5, lines 8-14; column 14, lines 7-35).
Regarding claim 19, Wulf et al. discloses further comprising mixing, during a mixing cycle, food contents in the stand mixer (figure 26; column 5, lines 8-14; column 14, lines 7-56).
Regarding claim 20, Wulf et al. discloses wherein the mixing cycle operates at a first constant speed, the active stir mode operating at a second constant speed, the second constant speed of the active stir mode less than the first constant speed of the mixing cycle (figures 23 and 24; column 5, lines 8-14; column 14, lines 7-18).
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive. Applicant argues Capp fails to disclose automatically changing direction of rotation because Capp discloses a direction button. Examiner finds this argument unpersuasive. As explained in paragraph [0066] and [0075], the user may program a specific sequence using the direction and timing buttons, and once that custom program is stored with the variable directions, the controller automatically changes the direction of rotation of the mixing shaft based on the stored sequences. Therefore, Capp continues to disclose all the limitations of the claims.
Furthermore, a new grounds of rejection is made in view of Wulf et al.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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