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.
Claims 1, 4, 22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sack (US 651,726):
Regarding claim 1, Sack discloses a bowl assembly comprising a bowl including at least one sidewall (1) defining an interior volume, the at least one sidewall extending between a first open end (top end in Fig. 1) of the bowl and second open end (bottom end in Fig. 1) opposite the first open end; wherein the bowl further comprises a connection feature (for example 2 or 9 or and end portion of 1) that is engageable to an item that is not a required element of the bowl assembly and wherein the first open end of the bowl comprises a first thread (see page 1, lines 62-65) such that the first open end of the bowl is configured for coupling to a first lid.
Regarding claim 4, the bowl is reversible along its major axis (see Fig. 1).
Regarding claim 22, the connection feature is positioned radially outward from the first thread (see Fig. 1).
Regarding claim 23, the second open end of the bowl comprises a second thread such that the second open end of the bowl is configured for coupling to a second lid (see page 1, lines 62-65).
Claims 1, 4, 8, 22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilliam (US 396,080): Regarding claim 1, Gilliam discloses a bowl assembly comprising a bowl (B) including at least one sidewall defining an interior volume, the at least one sidewall extending between a first open end (top end in Fig. 1) of the bowl and second open end (bottom end in Fig. 1) opposite the first open end; wherein the bowl further comprises a connection feature (for example on of the outwardly bludged/flanged ends) that is engageable to an item that is not a required element of the bowl assembly and wherein the first open end of the bowl comprises a first thread (b') such that the first open end of the bowl is configured for coupling to a first lid.
Regarding claim 4, the bowl is reversible along its major axis (see Fig. 1).
Regarding claim 8, the bowl comprises an opening on the at least one sidewall proximate to the second end of the bowl, and wherein the opening defines a passage for fluid communication between the interior volume of the bowl and an exterior of the bowl (see Fig. 1).
Regarding claim 22, the connection feature is positioned radially outward from the first thread (see Fig. 1).
Regarding claim 23, the second open end of the bowl comprises a second thread (b') such that the second open end of the bowl is configured for coupling to a second lid.
Response to Arguments
The claimed invention is a bowl. Applicant states “it is highly unlikely that micro-puree machines were even invented at this time in history” (1800s). However, no micro-puree machine is a required element of the claimed bowl. Bowls have been made for thousands of years. Applicant makes no attempt to structurally distinguish the claimed bowl from the prior art bowls. Just mentioning the term “micro puree machine” in a claim does not distinguish on bowl from another bowl. The must be some structure difference between the claimed bowl and the prior art bowl to grant a patent. Merely using new words to describe an old bowl is not a reason to grant a patent.
Applicant uses the term “bowl” to refer to a cylindrical wall open at both ends, which is exactly what is disclosed in the prior art.
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 DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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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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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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