DETAILED ACTION
Claim Rejections - 35 USC § 103
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 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 1, 5, 6, 7, 8, 9, 10, 11, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tai (U.S. Publication 2019/0201856) in view of Kimura (JP2000246082A cited in the IDS filed 1/9/2024, a machine translation is provided).
Regarding claim 1, Tai teaches an asymmetric interchangeable mixing system (figures 1, 2, 3 and 4 show an asymmetrical interchangeable mixer since the motor 12 is off axis and figure 4 shows a barrel can be replaced by a weight member 100) comprising: a mixing arm comprising: a universal hub (item 14); one or more mixing cup limbs adapted to receive a mixing cup and individually mount to, or be removed from said universal hub (item 16 is considered reading on a limb and receives item 30); a mixing drive having a drive shaft coupled with said universal hub (items 12, 10, 19, and 18 are considered forming the drive unit, portion of item 18 extending upwards towards item 14 is considered reading on the drive shaft), wherein said mixing drive causes said universal hub to rotate around a first axis (item 14 rotates around its central axis); and a belt drive assembly (paragraph 23) and a spin motor coupled to a limb (item 22 coupled to item 16) to rotate a mixing cup around a second axis (item 20 is used to rotate item 30 around its central axis, see column 26). Regarding claim 1, Tai is silent to a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis. Regarding claim 1, Kimura teaches a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis (see machine translation page 2, paragraph section [005] which teaches rotation of the main shaft is transmitted to a container by a belt). Regarding claim 1, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the asymmetrical mixer with belt drive configuration of Tai with the belt configuration of Kimura in order to obtain the desired degree of mixing.
Regarding claim 5, Tai teaches wherein the universal hub comprises opposing angled surfaces (items 16 comprise opposing angled surfaces).
Regarding claim 6, Tai teaches said universal hub comprises a central bore adapted to receive said drive shaft (see figure 1 item 14 is considered comprising a bore through which item 18 extends upwards).
Regarding claim 7, Tai teaches wherein the one or more mixing cup limbs comprises a receiver adapted to receive a mixing cup or counter-weight (see figure 4 receiver is the surface that receives items 100 and item 30).
Regarding claim 8, Tai teaches wherein said mixing cup comprises a basket sleeve (while the mixing cup is not positively claimed and therefore considered intended use, the mixer is considered capable of receiving a mixing cup in the shape of a basket sleeve).
Regarding claim 9, Tai teaches wherein said basket sleeve comprises a drive adapter (the mixing cup along with the basket sleeve and drive adapter are considered intended use, the mixer is considered capable of receiving a mixing cup in the shape of a basket sleeve comprising a drive adapter).
Regarding claim 10, Tai teaches wherein said drive adapter comprises a recess for a plurality of teeth adapted to be responsive to a secondary drive shaft (the mixing cup along with the basket sleeve and drive adapter are considered intended use, the mixer is considered capable of receiving a mixing cup in the shape of a basket sleeve comprising a drive adapter with the plurality of teeth adapted to be responsive to a secondary drive shaft).
Regarding claim 11, Tai teaches wherein the drive assembly comprises a motor coupled to each of the one or more mixing cup limbs so that each mixing cup limb is configured to provide rotation to the mixing cup independent of a second of the one or more mixing cup limbs (see figure 1 items 22 spin motors). Regarding claim 11, Tai is silent to a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis. Regarding claim 11, Kimura teaches a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis (see machine translation page 2, paragraph section [005] which teaches rotation of the main shaft is transmitted to a container by a belt). Regarding claim 11, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the asymmetrical mixer with belt drive configuration of Tai with the belt configuration of Kimura in order to obtain the desired degree of mixing.
Regarding claim 12, Tai teaches a belt assembly including a motor (item 12), belt responsive to said motor (paragraph 23) and a gear responsive to said belt (driven gear 18). Regarding claim 12, Tai is silent to a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis. Regarding claim 12, Kimura teaches a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis (see machine translation page 2, paragraph section [005] which teaches rotation of the main shaft is transmitted to a container by a belt). Regarding claim 12, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the asymmetrical mixer with belt drive configuration of Tai with the belt configuration of Kimura in order to obtain the desired degree of mixing.
Regarding claim 16, Tai teaches comprises a motor coupled to a pair of mixing cup limbs so that each mixing cup limb is configured to provide synchronous rotation to the mixing cups (see figure 1, item 12 is coupled to items 14 and 16 via gear items 18 and 19 for synchronous rotation of items 50 and 30).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Tai (U.S. Publication 2019/0201856A1) in view of Kimura (JP2000246082A cited in the IDS filed 1/9/2024) in further view of Yakaoka (U.S. Publication 2019/0381425).
Regarding claim 2, Tai teaches flanges (items 16 are considered in the shape of flanges extending from item 14). Regarding claim 2, Tai is silent to the removable configuration. Regarding claim 2, Yakaoka teaches opposing flanges for individually mounting the one or more mixing limbs (items 52b are considered reading on flanges and mounted to item 201b). Regarding claim 2, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the mixer of Tai in view of Kimura with the flange configuration of Yakaoka in order to allow for the desired degree of rotation of the containers. Regarding claim 2, absent any unexpected results, it would have been obvious to one of ordinary skill in the art to make parts of item 16 separable in order to allow for easier replacement and maintenance of the mixer since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Tai is silent to the language of claim 3. Regarding claim 3, Yakaoka teaches a pair of securing members forming a slot that receives the flange of said universal hub (see slot of item 15b that receives item 52b). Regarding claim 3, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the mixer of Tai in view of Kimura with the flange configuration of Yakaoka in order to allow for the desired degree of rotation of the containers.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Tai (U.S. Publication 2019/0201856) in view of Yakaoka (U.S. Publication 2019/0381425).
Regarding claim 35, Tai teaches an interchangeable mixing system (figures 1, 2, 3 and 4 show an interchangeable mixer since the motor 12 is off axis and figure 4 shows a barrel can be replaced by a weight member 100) comprising: a mixing arm comprising a universal hub having opposing flanges adapted to mount mixing cup limbs (item 14, items 16 are considered reading cup limbs and are considered a flange shape) a mixing drive having a drive shaft coupled with said universal hub (items 12, 10, 19, and 18 are considered reading on the mixing drive, the portion of item 18 extending to item 14 is considered reading on a drive shaft) wherein the mixing drive causes said universal hub to rotate around a first axis (and rotate item 14 along its central axis) and wherein one or more mixing cup limbs comprises a receiver adapted to receive a mixing cup or counter weight (surface of items 16 on which items 100 and 30 are received). Regarding claim 35, Tai is silent to the removable configuration. Regarding claim 35, Yakaoka teaches opposing flanges for individually mounting the one or more mixing limbs (items 52b are considered reading on flanges and mounted to item 201b). Regarding claim 35, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the mixer of Tai with the flange configuration of Yakaoka in order to allow for the desired degree of rotation of the containers. Regarding claim 35, absent any unexpected results, it would have been obvious to one of ordinary skill in the art to make parts of item 16 separable in order to allow for easier replacement and maintenance of the mixer since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Tai (U.S. Publication 2019/0201856) in view of Yakaoka (U.S. Publication 2019/0381425) in further view of Kimura (JP2000246082A cited in the IDS filed 1/9/2024, a machine translation is provided).
Regarding claim 36, Tai teaches a belt drive assembly (paragraph 23) and a spin motor coupled to a limb (item 22 coupled to item 16) to rotate a mixing cup around a second axis (item 20 is used to rotate item 30 around its central axis, see column 26). Regarding claim 36, Regarding claim 36, Tai is silent to a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis. Regarding claim 36, Kimura teaches a belt drive assembly specifically coupled to at least one mixing cup limb responsive to said drive shaft and abated to rotate a mixing cup around a second axis (see machine translation page 2, paragraph section [005] which teaches rotation of the main shaft is transmitted to a container by a belt). Regarding claim 36, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the asymmetrical mixer with belt drive configuration of Tai in view of Yakaoka with the belt configuration of Kimura in order to obtain the desired degree of mixing.
Allowable Subject Matter
Claims 4, 17, 18, 22, 23, and 24 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.
Regarding claim 4, the prior art does not teach or fairly suggest the asymmetrical interchangeable mixing system with the pair of securing members and aligned openings adapted to receive a fastener.
Regarding claim 17, the prior art does not teach or fairly suggest the asymmetrical interchangeable mixing system with the combination of the belt drive, plurality of rollers and rotational disk responsive to said belt and secondary drive shaft.
Regarding claim 23, the prior art does not teach or fairly suggest the asymmetrical interchangeable mixing system with the combination of the belt drive, plurality of rollers and rotational disk responsive to said belt and secondary drive shaft.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHU BHATIA whose telephone number is (571)270-7628. The examiner can normally be reached Monday - Friday 11 a.m. to 7:30 p.m..
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774
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