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 § 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.
Claims 11 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claims contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The applicant does not provide guidance as to how a controller, operably connected to an ion sensor and ion generator, is to determine a bean type of the coffee beans or a water content of the coffee beans, wherein the specification the applicant states the controller is configured to dynamically control one or more properties associated with the ions based on
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.
Claim 4-6, 15-17 and 18-20 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 “fluid parallel” in claims 4 and 15 is a relative term which renders the claim indefinite. The term “fluid parallel” 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. According to the drawings provided by applicant, the airflow passage (138) of the ion generator (124) as shown FIG. 2 appears to be perpendicular with the inlet aperture (108) shown in FIG. 1. Additionally, the inlet aperture (108) receives coffee beans, whereas the airflow passage (138) is to direct ions to the grinder body apart from the inlet aperture (See Specification Para [0066]) thus making it unclear how the airflow passage is in “fluid parallel” to the inlet aperture.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the ion generator and the ion sensor, wherein the ion generator is configured to select a polarity of ions based on the detected polarity of the coffee beans.
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, 2, 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. CN 218390827 U. CN 218390827 U is a published patent application to be referred to as the Li patent. The Li patent discloses elements of the applicant’s apparatus as claimed, thus anticipating the applicant’s claimed invention.
Regarding claim 1, Li discloses a grinder apparatus comprising: a grinder body defining an intake passage to receive coffee beans therein and an outlet aperture (See FIG. A below); a burr set (Li – Inner Grinding Wheel 220, Outer Grinding Wheel 230, FIG. 1) disposed within the grinder body in fluid communication between the intake passage and the outlet aperture to grind the coffee beans into coffee grounds output at the outlet aperture (See FIG. A below); an ion generator (Li – Electrostatic Removing Assembly 400, FIG. 1) attached to the grinder body to produce ions therefor, the ion generator (Li – 400) comprising an ion source (Li – Discharge Unit 420, FIG. 3) in fluid communication with the grinder body (See FIG. A below) ; and an ion fan (Li – Blower 430, FIG. 3) in fluid communication with the ion source to motivate the ions therefrom (See FIG. A below).
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Regarding claim 2, Li disclose the grinder apparatus, wherein the ion fan (Li – 430, FIG. 3) is disposed upstream from the outlet aperture (See FIG. A above).
Regarding claim 4, Li disclose the grinder apparatus, wherein the grinder body defines an inlet aperture upstream from the intake passage and through which the coffee beans are received (See FIG. A above), and wherein the ion generator (Li – 400) defines an airflow passage outside of the grinder body and in fluid parallel to the inlet aperture upstream from the outlet aperture to direct the ions to the grinder body apart from the inlet aperture (See FIG. A above).
Regarding claim 5, Li disclose the grinder apparatus, wherein the ion fan (Li – 430, FIG. 3) is disposed along the airflow passage (See FIG. A above).
Regarding claim 6, Li discloses the grinder apparatus, wherein the ion source (Li – 420, FIG. 3) is disposed along the airflow passage (See FIG. A above).
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.
Claims 3, 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 218908271 U as applied to claim 1 above, and further in view of Wang et al. CN 116174117 B. CN 116174117 B is a published patent to be referred to as the Wang patent.
Regarding claims 3, Li discloses the grinder apparatus (See claim 1 rejection), however, Li fails to disclose wherein the ion generator is disposed upstream from the burr set to provide the ions to the received coffee beans. Wang teaches the ion generator (Wang – Ion Generator 6, FIG. 9) disposed upstream from the burr set (Wang – Grinding Box 3, FIG. 2) to provide the ions to the received coffee beans (Wang FIG. 9; Specific Implementation Examples, Lines 16-18: the outer wall of the processing box 1 is installed with an ion generator (6), the ion generator (6) sprays ion beam to the inner part of the processing box 1, so that the pigment particles are combined with the ion.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the ion generator in Li to be upstream from the burr set, as taught by Wang, wherein the ion generator sprays ions to the coffee beans prior to being ground. Placing the ion generator upstream from the burr set, the coffee beans are combined with the ions to become discharged and thus avoid excessive grinding (Wang, Page 3, Advantage 6: so that the inner small particle pigment can be discharged along with the air flow, so that the pigment particles meeting the requirement can be better discharged, avoiding excessive grinding).
Regarding claim 12, Li discloses a grinder apparatus comprising: a grinder body defining an intake passage to receive coffee beans therein and an outlet aperture (See FIG. A below); a burr set (Li – 220, 230) disposed within the grinder body below the intake passage and upstream from the outlet aperture to grind the coffee beans into coffee grounds output at the outlet aperture (FIG. A above), and the ion generator (Li – 400) comprising an ion source (Li – 420)(FIG. A above), however, Li fails to disclose an ion generator attached to the grinder body at the intake passage to produce ions, the ion generator in fluid communication with the intake passage to produce ions introduced with the received coffee beans. Wang teaches an ion generator (Wang – 6) attached to the grinder body (Wang – Processing Box 1) at the intake passage to produce ions (Wang FIG. 9), the ion generator (Wang – 6) in fluid communication with the intake passage to produce ions introduced with the received coffee beans (Wang FIG. 9, Page 4, Specific Implementation Examples, Lines 16-18: the outer wall of the processing box (1) is installed with an ion generator (6), the ion generator (6) sprays ion beam to the inner part of the processing box (1), so that the pigment particles are combined with the ion.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to move the location of the ion generator of Li to be at the intake passage, as taught by Wang, wherein the ion generator sprays ions to the coffee beans prior to being ground. Placing the ion generator at the intake passage puts the ion source of ion generator in fluid communication with the intake passage, thus the coffee beans are combined with ions to become discharged and thus avoid excessive grinding (Wang, page 3, Advantage 6: so that the inner small particle pigment can be discharged along with the air flow, so that the pigment particles meeting the requirement can be better discharged, avoiding excessive grinding).
Regarding claim 13, Li in view of Wang as applied to claim 12, discloses the grinder apparatus further comprising: an ion fan (Li – 430, FIG. 3) disposed upstream from the outlet aperture and in fluid communication with the ion source (Li – 420, FIG. 3) to motivate the ions therefrom (See FIG. A above).
Regarding claim 14, Wang teaches the ion generator (Wang – 6, FIG. 9) disposed upstream from the burr set (Wang – Grinding Box 3, FIG. 2) to provide the ions to the received coffee beans (Wang FIG. 9).
Regarding claim 15, Li in view of Wang as applied to claim 13, discloses the grinder apparatus, wherein the grinder body defines an inlet aperture upstream from the intake passage and through which the coffee beans are received (See FIG. A above), and wherein the ion generator (Li – 400) defines an airflow passage outside of the grinder body and in fluid parallel to the inlet aperture upstream from the outlet aperture to direct the ions to the grinder body apart from the inlet aperture (See FIG. A above).
Regarding claim 16, Li in view of Wang as applied to claim 15 discloses the grinder apparatus, wherein the ion fan (Li – 430, FIG. 3) is disposed along the airflow passage (See FIG. A above).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 218390827 U, as applied to claim 1 above, and further in view of Deng CN 205864831 U. CN 205864831 U is a published patent application to be referred to as the Deng patent. Li discloses the grinder apparatus (See claim 1 rejection above), however, Li fails to disclose the grinder apparatus further comprising a controller operably connected to the ion fan, the controller being configured to control a rotational speed of the ion fan from a plurality of rotational speeds between discrete maximum and minimum rotational speeds.
Deng teaches a controller (Deng – Controller 3, FIG. 1) operably connected to the ion fan, the controller being configured to control a rotational speed of the ion fan from a plurality of rotational speeds between discrete maximum and minimum rotational speeds (See Deng Page 2, Beneficial Effects of the Utility Model, Lines 5-6: the controller is used for adjusting rotation speed of the fan). Deng fails to teach a discrete maximum and minimum rotational speeds, however, the speed of the fan can be increased and decreased. MPEP 2144.05(I) provides that a prima facie case of obviousness exists when a claimed ranges lie inside ranges disclosed by the prior art, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a controller operable connected to the ion fan in Li, as taught by Deng, to control wind speed produced by the ion fan. Increasing the wind speed improves working efficiency of the ion fan in discharging the numerous coffee beans (Deng Page 2, Beneficial Effects if the Utility Model, Lines 5-7: the controller is used for adjusting rotation speed of the fan when the number of items needed when removing static electricity, wind speed can be increased to improve the working efficiency.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 218390827 U, as applied to claim 1 above, and further in view of Fuse et al. JP 2009144968 A. JP 2009144968 A is a published patent application to be referred to as the Fuse patent. Li discloses the grinder apparatus (See claim 1 rejection above), however, Li fails to disclose wherein an ion sensor disposed downstream from the burr set to detect polarity of the coffee grounds. Fuse teaches an ion sensor (Fuse – Ion Sensor 71, FIG. 2) set to detect polarity (Fuse Best Mode Para [0012]: The ion sensor (71) is detection means for detecting the charge amount and polarity of static electricity in the cleaning chamber 30.). Fuse fails to teach an ion sensor disposed downstream from the burr set. MPEP 2144.04(I) provides that matters relating to ornamentation, such as arrangement, only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). The location of the ion sensor downstream from the burr set has no impact on the operation of the ion sensor to detect polarity.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to include an ion sensor disposed downstream from the burr set to detect polarity, as taught by Fuse, of the coffee beans so that a polarity required to neutralize the detected polarity can be determined (See Fuse Best Mode Para [0017]: The static elimination control unit 92 controls the static eliminator 70 so as to generate ions having a polarity opposite to the polarity detected to neutralize (remove) static electricity based on the charge amount and polarity of static electricity detected by the ion sensor (71).).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 218390827 in view of Wang et al. CN 116174117 B as applied to claim 16, and further in view of Deng CN 205864831 U. Li in view of Wang as applied to claim 16, discloses the grinder apparatus, however, Li in view of Wang fails to disclose the grinder apparatus further comprising a controller operably connected to the ion fan, the controller being configured to control a rotational speed of the ion fan from a plurality of rotational speeds between discrete maximum and minimum rotational speeds. Deng teaches a controller (Deng – 3, FIG. 2) operably connected to the ion fan, the controller being configured to control a rotational speed of the ion fan between discrete maximum and minimum rotational speeds (Deng Page 2, Beneficial Effects of the Utility Model, Lines 5-6: the controller is used for adjusting rotation speed of the fan when the number of items needed when removing static electricity).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a controller operable connected to the ion fan in Li in view of Wang, as taught by Deng, to control wind speed produced by the ion fan. Increasing the wind speed improves working efficiency of the ion fan in discharging the numerous coffee beans (Deng Page 2, Beneficial Effects if the Utility Model, Lines 5-7: the controller is used for adjusting rotation speed of the fan when the number of items needed when removing static electricity, wind speed can be increased to improve the working efficiency.).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 218390827 U in view of Fuse et al. JP 2009144968 A as applied to claim 8 above, and further in view of Wu US 20170223813 A1. US 20170223813 A1 is a published patent application to be referred to as the Wu patent.
Regarding claim 9, Li in view of Fuse as applied to claim 8, discloses the grinder apparatus, however, Li in view of Fuse fails to disclose the grinder apparatus further comprising a controller operably connected to the ion sensor and the ion generator, the controller being configured to control a polarity of the ions produced by the ion generator based on the detected polarity of the coffee grounds. Wu teaches a controller (Wu – Circuit Controller 41, FIG. 2) operably connected to the ion sensor (Wu – Static Sensor 51, FIG. 2) and the ion generator (Wu – Ion Generating Unit 4, FIG. 2), the controller (Wu - 41) being configured to control a polarity of the ions produced by the ion generator (Wu -4) based on the detected polarity of an object (Wu Para [0016]: The ion generating unit includes a circuit controller electrically connected to the air flow control circuit, an ion generating circuit electrically connected to the circuit controller, and at least one ion discharge needle disposed on the casting and electrically connected to the ion generating circuit. The static sensing unit includes a static sensor electrically connected to the circuit controller….When the static value on the object detected by the static sensor is negative, the ion generating circuit controlled by the circuit controller enables the ion discharge needle to generate positive ions only… When the static value on the object detected by the static sensor is positive, the ion generating circuit controlled by the circuit controller enables the ion discharge needle to generate negative ions only).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a controller, operably connected to the ion sensor and ion generator, to the grinder apparatus of Li in view of Fuse, as taught by Wu, in order for the controller to determine the charge of ions to be produced by the ion generator depending on the ion charge detected by the ion sensor (See Wu Para [0015]: an objective of an embodiment of the present invention is to provide an electrostatic dissipation device with static sensing applicable to dissipate electrostatic charges on an object, comprising an ion transmitting unit, an ion generating unit, and a static sensing unit.).
Regarding claim 10, Li in view of Fuse as applied to claim 9, discloses the grinder, however, Li in view of Fuse fails to disclose wherein the controller is configured to dynamically control one or more properties associated with the ions based on detection outputs of the ion sensor over time, and wherein the one or more properties include the polarity of the ions, a flow rate of the ions, or an amount of the ions produced by the ion generator. Wu teaches the controller (Wu – 41, FIG. 2) is configured to dynamically control one or more properties associated with the ions based on detection outputs of the ion sensor (Wu – 51, FIG. 2) over time, and wherein the one or more properties include the polarity of the ions, a flow rate of the ions, or an amount of the ions produced by the ion generator (Wu – 4. FIG. 2)(Wu Para [0016]: the static value is detected and provided as feedback to the circuit controller by the static sensor; Para [0045]: Based upon the static value detected by the static sensor (51), ions with opposing polarity are generated by the present invention. When the positive static value is detected, the negative ion charges are generated by the ion generating unit (4); when the negative static value is detected, the positive ion charges are generated by the ion generating unit (4), so that neutralization can be simply performed to accelerate electrostatic dissipation.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a controller, operably connected to the ion sensor and ion generator, to the grinder apparatus of Li in view of Fuse, as taught by Wu, in order for the controller to determine the charge of ions to be produced by the ion generator depending on the ion charge detected by the ion sensor. Combined the controller, ion generator, and ion sensor provide an electrostatic dissipation device with static sensing applicable to dissipate electrostatic charges on an object (See Wu Para [0015]: an objective of an embodiment of the present invention is to provide an electrostatic dissipation device with static sensing applicable to dissipate electrostatic charges on an object, comprising an ion transmitting unit, an ion generating unit, and a static sensing unit.)
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN 218390827 U in view of Wang CN 1161744117 B as applied to claim 12 above, and further in view of Wu US 20170223813 A1.
Regarding claim 18, Li in view of Wang as applied to claim 12 discloses the grinder apparatus, however Li in view of Wang fails to disclose the grinder apparatus further comprising an ion sensor disposed downstream from the burr set to detect polarity of the coffee grounds, wherein the ion generator is configured to select a polarity of the ions based on the detected polarity of the coffee grounds. Wu teaches an ion sensor (Wu – 51, FIG. 2) to detect polarity of an object (Wu Para [0041]: the static value of the object A is detected by the static sensor (51) and is provided as feedback to the circuit controller 41.), wherein the ion generator (Wu – 4, FIG. 2) is configured to select a polarity of the ions based on the detected polarity (Wu Para [0042]: when the static value on the object A detected by the static sensor (51) is negative, the ion generating circuit 42 (as shown in FIG. 3) controlled by the circuit controller 41 enables the plural ion discharge needles 43 to generate positive ions only; Para [0043]: when the static value on the object A detected by the static sensor 51 is positive, the ion generating circuit 42 (as shown in FIG. 3) controlled by the circuit controller 41 enables the plural ion discharge needles 43 to generate negative ions only). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the grinder apparatus of Li in view of Wang and include the ion sensor, as taught by Wu, in order to detect polarity and select a polarity of the ions based on the detected polarity. Wu fails to teach an ion sensor disposed downstream from the burr set. MPEP 2144.04(I) provides that matters relating to ornamentation, such as arrangement, only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). The location of the ion sensor downstream from the burr set has no impact on the operation of the ion sensor to detect polarity.
Regarding claim 19, Li in view of Wang as applied to claim 18, discloses the grinder apparatus, however Li in view of Wang fails to disclose the grinder apparatus further comprising controller operably connected to the ion sensor and the ion generator, the controller being configured to control a polarity of the ions produced by the ion generator based on the detected polarity of the coffee grounds. Wu teaches a controller (Wu – Circuit Controller 41, FIG. 2) operably connected to the ion sensor (Wu – Static Sensor 51, FIG. 2) and the ion generator (Wu – Ion Generating Unit 4, FIG. 2), the controller (Wu - 41) being configured to control a polarity of the ions produced by the ion generator (Wu -4) based on the detected polarity (Wu Para [0016]: The ion generating unit includes a circuit controller electrically connected to the air flow control circuit, an ion generating circuit electrically connected to the circuit controller, and at least one ion discharge needle disposed on the casting and electrically connected to the ion generating circuit. The static sensing unit includes a static sensor electrically connected to the circuit controller….When the static value on the object detected by the static sensor is negative, the ion generating circuit controlled by the circuit controller enables the ion discharge needle to generate positive ions only… When the static value on the object detected by the static sensor is positive, the ion generating circuit controlled by the circuit controller enables the ion discharge needle to generate negative ions only).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a controller, operably connected to the ion sensor and ion generator, to the grinder apparatus of Li in view of Wang, as taught by Wu, in order for the controller to determine the charge of ions to be produced by the ion generator depending on the ion charge detected by the ion sensor. Combined the controller, ion generator, and ion sensor provide an electrostatic dissipation device with static sensing applicable to dissipate electrostatic charges on an object (See Wu Para [0015]: an objective of an embodiment of the present invention is to provide an electrostatic dissipation device with static sensing applicable to dissipate electrostatic charges on an object, comprising an ion transmitting unit, an ion generating unit, and a static sensing unit.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARLINGTON N IBEKWE whose telephone number is (571)272-2474. The examiner can normally be reached Monday - Friday 8am - 4:00pm.
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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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/D.N.I./
Patent Examiner
Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725