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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show reference character “400” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 Objections
Claims 2, 3, 5, and 8 are objected to because of the following informalities:
Claim 2 has the word “open”. The correct word is “opening”.
Claim 3 has the word “comprising”. The correct word is “comprises”.
Claim 3 has the phrase “has the output shaft is fixedly connected”. The correct phrase is “has the output shaft which is fixedly connected”.
Claim 5 has the phrase “to fixing”. The correct phrase is “to fix”.
Claim 8 has the phrase “battery is”. The correct phrase is “batteries are”.
Appropriate correction is required.
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claim 6, which is dependent on claim 2, is separated from claim 2 by claims 3, 4, and 5. Under 37 CFR 1.126, “When the application is ready for allowance, the examiner, if necessary, will renumber the claims consecutively in the order in which they appear or in such order as may have been requested by applicant.”
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.
Claims 2, 4, 5, 7-10, 12, and 14 are 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.
The term “removably” in claim 2 is a relative term which renders the claim indefinite. The term “removably” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, the limitation has been interpreted as though it read “… a storage cover is provided to close an opening of the cylindrical shell …”.
Claim 4 recites the limitation "cylindrical shell" in the second line. There is insufficient antecedent basis for this limitation in the claim. The limitation “the cylindrical shell” is introduced in claim 2, but claim 4 is not dependent on claim 2. For the purposes of examination, limitation has been interpreted as though it included the limitation “… annular base at a top end thereof, the storage chamber has a cylindrical shell, the cylindrical shell of the storage chamber …”.
Claim 7 recites the limitation "coffee powder can be dropped to the powder receptable through said central through holes" in the last line. The claim earlier refers to four central through holes, those of the annular base, annular cover, grinding wheel, and grinding base. This limitation is unclear since only the output shaft passes through all of the central holes. Allowing the coffee powder to drop through the central through hole of the grinding wheel would allow the coffee powder to bypass the grinding mechanism and enter the housing (which is designed to keep the coffee out). Allowing the coffee to drop through the central through hole of the grinding wheel would allow the coffee powder to bypass the grinding mechanism. For the purposes of examination, the limitation has been interpreted as though it reads “said central through holes of the annular cover and grinding base”. All claims dependent on claim 7 stand rejected for dependency on a rejected claim
Claim 12 recites the limitation “a second inner cylindrical shell” in the second to last line. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether this limitation refers to a new second inner cylindrical shell or the second inner cylindrical shell referenced earlier in the claim.
Claim 14 recites the limitation "the central through hole" in the next to last line. There is insufficient antecedent basis for this limitation in the claim. No central through hole has been previously defined. For the purposes of examination, the limitation has been interpreted as though it read “a central through hole of the annular cover”.
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) 1-5 and 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marrie (US 3827640) in view of Zhang (US2013/0153698), further in view of Jin et. al. (CN 112168016), hereafter referred to as “Jin”.
Re. Claim 1, Marrie discloses a coffee grinder, comprising: a storage chamber for storing coffee beans (the area defined by cylinder 13, cover 14, and two hollow, crescent-shaped members 9); a driving assembly having an output shaft (motor 1 and shaft 4); a grinding cartridge (the piece formed by the tray (3,6), skirt 8, and members 9 [Col. 3, Lines 46-50] and bowl 7 “the inverted tray, being being connected to the bowl by two hollow, crescent shaped members” [Col. 3, Lines 15-17]); a grinding assembly (grinding blade 5); and a powder receptacle (container 15); wherein, the grinding cartridge is longitudinally connected and communicated with the storage chamber at a top end and the powder receptacle at a rear end (see Fig. 1a and Fig. 2a, illustrated below); the grinding assembly is installed in the grinding cartridge (see Fig. 1a and Fig. 2a, illustrated below); and the driving assembly is longitudinally disposed in the storage chamber with the output shaft coupled to the grinding assembly to drive the grinding wheel to rotate (Fig. 2).
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Figure 1a and Figure 2a of Marrie, illustrated
Marrie does not disclose a grinding assembly comprising a grinding wheel rotatably fitted in a grinding base so as to grind coffee beans therebetween; a control circuit board; one or more battery electrically connected to the control circuit board;
Zhang teaches a grinding assembly (grinding head assembly 6) comprising a grinding wheel (male grinding head 62) rotatably fitted (“the male grinding head is mounted in said through hole of the female grinding head” [0003]) in a grinding base (female grinding head 61) so as to grind coffee beans therebetween.
Marrie differs from the claimed invention by having a grinding blade instead of a grinding assembly comprising a grinding wheel rotatably fitted in a grinding base. Zhang teaches a grinding assembly comprising a grinding wheel rotatably fitted in a grinding base and its function (Zhang, “for condiments passing through and grinding” [0003]). 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 substitute the grinding blade of Marrie with the male and female grinding heads of Zhang and that the results of the substitution would have been predictable because both the grinding blade of Marrie and the grinding assembly of Zhang are disclosed to grind.
Jin teaches a control circuit board (control circuit board 204) and one or more battery (battery 203) electrically connected to the control circuit board (“power supply unit for supplying power to the motor and the control device” and Jin later describes the power supply unit as including the battery and the control device as including the control circuit board [Bottom Paragraph of Page 9]).
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 Marrie, in view of Zhang, to incorporate the teachings of Jin by adding a control circuit board and one or more batteries electrically connected to the circuit board to control the working state of the motor [Jin, Bottom Paragraph of Page 9] and to supply power to the control circuit board and the motor.
Re Claim 2, Marrie, in view of Zhang further in view of Jin, disclose the coffee grinder as claimed in claim 1 (see rejection of claim 1 above), and Marrie further discloses that the storage chamber has a cylindrical shell (cylinder 13), a storage cover (cover 14) is provided to removably close an open of the cylindrical shell, which can be removed or opened for adding coffee beans to the storage chamber from the open (“cover 14 is removed” [Col. 4, Lines 9-10]).
Re Claim 3, Marrie, in view of Zhang further in view of Jin, disclose the coffee grinder as claimed in claim 1 (see rejection of claim 1 above), and Marrie further discloses that the driving assembly comprising a motor longitudinally arranged in the storage chamber (Fig. 2), the motor has the output shaft is fixedly connected to the grinding wheel (“shaft at its end drives a grinding blade” [Col. 3, Line 6], for the grinding assembly consisting of a grinding wheel of Zhang having been substituted for the grinding blade of Marrie in rejection of claim 1).
Re Claim 4, Marrie, in view of Zhang further in view of Jin, disclose the coffee grinder as claimed in claim 3 (see rejection of claim 3 above), and Marrie further discloses that the grinding cartridge has an annular base at a top end thereof (circular platform 3), the cylindrical shell of the storage chamber has a rear open end connected to the top end of the grinding cartridge (two crescent shaped members 9 form the interface between the open end of the storage chamber and the top end of the grinding cartridge); the motor is installed on the annular base and longitudinally extends along a central axis of the storage chamber (Fig. 2, see centerline showing alignment of motor and central axis); and the output shaft passes through a central through hole of the annular base and extends along a central axis of the grinding cartridge (“circular platform 3 traversed axially by a shaft 4” [Col. 3, Lines 4-5]).
Re Claim 5, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 4 (see rejection of claim 4 above), and Marrie further discloses that the driving assembly comprise a housing arranged outside the motor to fixing the motor (hood 2) and that the housing is fixed to the annular base of the grinding cartridge (“its hood on a circular platform” [Col. 3, Lines 4-5]).
Marrie fails to disclose that the driving assembly further comprise a gear assembly connected to the motor so that the output shaft drives the grinding wheel to rotate at a desired speed.
Zhang teaches that the driving assembly further comprise a gear assembly (intermediate gear set 42) connected to the motor (motor 8 is connected to master gear 41 by an output shaft and the master gear 41 is connected to the intermediate gear set 42 [0049]) so that the output shaft drives the grinding wheel to rotate at a desired speed (“The employment of electric grinding via a motor can not only lead to the effects of quick grinding speed and uniform discharging, but also save time and labor” [0047]).
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 Marrie in view of Zhang further in view of Jin, to incorporate the teachings of Zhang by having the driving assembly comprise a gear assembly connected to the motor so that the output shaft drives the grinding wheel to rotate at a quick grinding speed.
Re Claim 7, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 1 (see rejection of claim 1 above), and Marrie, in view of Zhang further in view of Jin, further discloses that the grinding cartridge comprises a cylindrical shell (Marrie, lateral wall 6) with an annular base (Marrie, circular platform 3) provided at a top end and an annular cover (Marrie, flat ring 16) at a rear open end of the cylindrical shell, respectively; central through holes of the annular base (Marrie, circular platform 3), annular cover (Marrie, flat ring 16), grinding wheel (Zhang, male grinding head 62), and the grinding base (Zhang, female grinding head 61) are aligned along a central axis of the grinding cartridge (Marrie, Fig. 2), whereby the output shaft passes through said central through holes (Marrie, Fig. 2), and coffee powder can be dropped to the powder receptacle through said central through holes (Marrie, coffee powder goes through the grinding assembly which is located within the central through hole of the annular cover. Zhang, coffee powder falls through the gap between the central through hole of the male and female grinding heads 62, 61). After modification, the grinding wheel and grinding base would be aligned along the central axis of the grinding cartridge of Marrie.
Re Claim 8, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 7 (see rejection of claim 7 above), and Marrie in view of Zhang further in view of Jin, further discloses the control circuit board (control circuit board 204) and the one or more battery (battery 203).
Marrie in view of Zhang further in view of Jin, fails to explicitly disclose that the control circuit board is disposed in the grinding cartridge; and the one or more battery is disposed in the grinding cartridge.
The design of the grinding cartridge in Marrie provides motivation to place the control circuit and one or more battery in the grinding cartridge. First, the grinding cartridge of Marrie includes hollow space within the grinding cartridge that could fit a control circuit board and is not exposed to coffee grounds that could damage/disturb the components (See Fig. 2b illustrated below). Second, Marrie includes wires (insulated wires 22) that connect to the motor (“insulated wires, …, connect the switch 19, the power socket 20, the motor 1, and two terminals 23, 34” [Col. 1, Lines 58-60]). If the circuit control board and one or more battery were placed in the grinding cartridge, these wires could connect those components to the motor. One of ordinary skill in the art would have a reasonable expectation of success that they could put the circuit control board and one or more batteries in the grinding cartridge.
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Fig. 2b of Marrie, illustrated
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 Marrie in view of Zhang further in view of Jin, to dispose the control circuit board in the grinding cartridge and the one or more battery disposed in the grinding cartridge so that the control circuit board and the one or more battery are not exposed to coffee grounds that could damage/disturb the components.
Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to dispose the control circuit board and the one or more battery in the grinding cartridge, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Re Claim 9, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 8 (see rejection of claim 8 above), and Marrie further disclose that the grinding cartridge defines a first chamber (grinding chamber 29) and the second chamber therein (area defined by 6, 8, 9, and 16); the grinding assembly is disposed in the first chamber (Fig. 1), and the control circuit board and the one or more battery are disposed in the second chamber (see rejection of claim 8 above, the chamber where the one or more batteries and control circuit board are located now being defined as the second chamber).
Re Claim 10, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 9 (see rejection of claim 9 above), and Marrie in view of Zhang further in view of Jin, further discloses that the first chamber is disposed in a center of the grinding cartridge (Marrie, Fig. 2), the second chamber is disposed around the first chamber (Marrie, Fig. 2); the one or more battery and the control circuit board are located in the second chamber and around a periphery of the grinding assembly (see rejection of claim 9); the second chamber is an annular space (Marrie, Fig.1, Fig. 2); and the first chamber and the second chamber are separated by an annular protruding wall set within the cylindrical shell of the grinding cartridge (lateral wall 6); the annular protruding wall defines the first chamber therein (Marrie, “grinding chamber 29, which is formed by the space inside the screen 7 and by the internal volume of the inverted tray (3, 6), also comprises the expansion chamber defined by the platform 3 and the vertical walls 6” [Col. 4, Lines 14-18]); the grinding base (Zhang, female grinding head 61) is fitted (Zhang, Fig. 5) in the first chamber (Zhang, through hole 5a) against the annular protruding wall (Zhang, grinding base 5). After modification, the grinding base would be fitted in the first chamber against the annular protruding wall.
Re Claim 11, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 10 (see rejection of claim 10 above), and Marrie further discloses that the grinding cartridge comprises an outer cylindrical shell (formed of lower part of Cylinder 13, outer part of skirt 8, see Fig. 1b, illustrated below), a first inner cylindrical shell (Piece formed by 8, 9 that is interior to cylinder 13, see Fig. 1b, illustrated below), and a second inner cylindrical shell (lateral wall 6, see Fig. 1b, illustrated below); a first chamber for accommodating the grinding assembly (grinding chamber 29) and a second chamber (area defined by 6, 8, 9, and 16) around the first chamber for accommodating the circuit board and the one or more battery are concentrically formed within the second inner cylindrical shell (Fig. 2); the outer cylindrical shell is connected to the storage chamber at a top end (cylinder 13’s top end is defining the storage chamber), and is connected to the powder receptacle at a rear end thereof (skirt 8 is connected to container 15); each of the first (edge of platform 3) and second (chutes 12) inner cylindrical shells has an annular base at a top end thereof; the first inner cylindrical shell is fitted in the outer cylindrical shell (“the top of the skirt 8 has a circular groove for accommodating the foot of cylinder 13” [Col. 3, lines 30-31]); the driving assembly is fixed on the annular base of the first inner cylindrical shell (“the motor 1 of the mill, covered by a hood 2, rests with its hood on a circular platform 3” [Col. 3, Lines 3-5]); the second inner cylindrical is fitted in the first inner cylindrical (“the tray (3,6) may also be moulded from a plastics material in one piece with the cylindrical skirt 8 and the two crescent members 9” [Col. 3, Lines 47-49]); and the annular bases of the first and second inner cylindrical shells are fixed together (“the tray (3,6) may also be moulded from a plastics material in one piece with the cylindrical skirt 8 and the two crescent members 9” [Col. 3, Lines 47-49]).
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Figure 1b of Marrie, illustrated
Re Claim 12, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 11 (see rejection of claim 11 above), and Marrie further dislcoses that an annular cover is provided at a rear end of the second inner cylindrical shell (flat ring 16); the first inner cylindrical shell, a second inner cylindrical shell and the outer cylindrical shell are fastened using screws and/or snap structures (First and second cylindrical shells are integral. Integral component and outer cylindrical shell are fastened with “bayonet joints” which are snap structures. [Col. 3, line 43]); an end of the output shaft (shaft 4) passes through a central hole of the annular cover (flat ring 16).
Marrie fails to disclose an end of the output shaft with external threads is locked by a thread nut.
Zhang teaches an end of the output shaft (central driving rod 44) with external threads (Fig. 4) is locked by a thread nut (adjustable knob 10) for adjusting the size of the ground material (“adjusting knob 10 , connected to the central driving rod 44 and pressed against the male grinding head 62 , is used for adjusting a grinding gap G between the female grinding head 61 and the male grinding head 62” [0052])
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 Marrie in view of Zhang further in view of Jin, to incorporate the teaching of Zhang by having a thread nut threaded on one end of the shaft for adjusting the size of the ground material.
Re Claim 13, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 1 (see rejection of claim 1 above), and Marrie, in view of Zhang further in view of Jin, fail to disclose that an adjustable member is provided with a threaded hole therethrough, an end of the output shaft is provided with external threads; the threaded end of the output shaft is engaged in the threaded hole of the adjustable member, whereby the output shaft is fitted in the grinding wheel with a tightness adjustable.
Zhang teaches wherein an adjustable member (adjustable knob 10) is provided with a threaded hole therethrough, an end of the output shaft (central driving rod 44) is provided with external threads (Fig. 4); the threaded end of the output shaft is engaged in the threaded hole of the adjustable member, whereby the output shaft is fitted in the grinding wheel with a tightness adjustable (“an adjustable knob 10, connected to the central driving rod 44 and pressed against the male grinding head 62, is used for adjusting a grinding gap G” [0052]).
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 Marrie in view of Zhang further in view of Jin, to incorporate the teaching of Zhang by having a thread nut threaded on one end of the shaft for adjusting the size of the ground material.
Re Claim 14, Marrie, in view of Zhang further in view of Jin, discloses the coffee grinder as claimed in claim 13, and Marrie discloses that part of the bottom of the grinding cartridge (grinding bowl 7) is made of material that acts as a screen to control the size of the ground particles and the adjustable member (adjustable knob 10) is a thread nut assembly.
Marrie does not disclose that the grinding cartridge has an annular cover at a rear end and communicated with the powder receptacle; the adjustable member is placed in the central through hole and exposed in the powder receptacle; the adjustable member is a thread nut assembly.
Zhang teaches that the grinding cartridge has an annular cover (cover plate 51) at a rear end and communicated with the powder receptacle (area defined by cover plate 51, cover 103, and upper sleeve 102); the adjustable member is placed in the central through hole (Fig. 1) and exposed in the powder receptacle (Fig.1).
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 Marrie in view of Zhang further in view of Jin, to incorporate the teaching of Zhang by replacing the screen of Marrie with the cover plate and adjustable knob of Zhang. Both the screen of Marie and the adjustable knob of Zhang were known to control the size of ground particulate. It would have been predictable that one could have been substituted for the other and the resulting product would have functioned the same.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marrie (US 3827640) in view of Zhang (US2005/0077403), and Jin (CN 112168016) as applied to claim 2 above, and further in view of Pai (US2013/0026269).
Re Claim 6, Marrie, in view of Zhang further in view of Jin, disclose the coffee grinder as claimed in claim 2 (see rejection of claim 2 above), fails to disclose that the cylindrical shell and/or the storage cover of the storage chamber are transparent.
Pai discloses that the cylindrical shell (receptacle 4) and/or the storage cover (43) of the storage chamber are transparent (“receptacle 4 … preferably formed as a hollow transparent member so the amount of loaded material to be ground can be conveniently observed” [0040]).
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 Marrie in view of Zhang further in view of Jin, to incorporate the teachings of Pai by having the cylindrical shell of the storage chamber be transparent so that the user can see the amount of material in the storage chamber.
Conclusion
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/WILLIAM DOUGLAS DICKSTEIN/Patent Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725