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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 11, 12, 14-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luo et al. (US PUB 2018/0140125), hereinafter Luo.
With respect to claim 1, Luo discloses a device (See [100] in figure 1 of Luo) for processing a product mass (See the food product disclosed in the abstract of Luo), comprising a container for receiving the product mass (See [101] in figure 1 of Luo), at least one product mass processing tool in the container (See [105] in figure 1 of Luo), which is provided to act on the product mass (See paragraph [0043] of Luo), and at least one sensor means having a dielectric sensor (See [120] in figure 1 of Luo), wherein the sensor means is arranged and formed in such a way that dielectric properties of the product mass can be detected continuously or at least temporarily by means of the dielectric sensor in an environment of the dielectric sensor (See paragraphs [0009] and [0022] in view of paragraph [0040] of Luo).
With respect to claim 2, Luo discloses the device according to claim 1, characterized in that the sensor means is configured in such a way that a temperature of the product mass can further be detected continuously or at least temporarily by means of the sensor means in the environment of the dielectric sensor, and in particular that the dielectric properties and the temperature at least for essentially the same region of the product mass can be detected (See paragraph [0051] of Luo).
With respect to claim 3, Luo discloses the device according to claim 1, characterized in that the product mass processing tool is arranged in the container so as to be capable of being moved relative thereto and is formed to mechanically act on the product mass (See paragraph [0043] of Luo).
With respect to claim 4, Luo discloses the device according to claim 1, characterized in that the sensor means is arranged on a wall of the container (See [120] in figure 1 of Luo).
With respect to claim 5, Luo discloses the device according to claim 4, characterized in that the sensor means is arranged in a lower region of the wall of the container, in particular in a lower half of the wall, more preferably in a lower third of the wall (See [120] in figure 1 of Luo).
With respect to claim 6, Luo discloses the device according to claim 4, characterized in that the sensor means is arranged in a region of the wall of the container, which is swept over repeatedly by the product mass processing tool during operation of the device (See paragraph [0043] in view of [120] in figure 1 of Luo).
With respect to claim 7, Luo discloses the device according to claim 1, characterized in that a surface of the sensor means, which faces an inner region of the container receiving the product mass and which is provided for a contact with the product mass, is arranged set back relative to a wall inner surface of the container (See paragraph [0042] of Luo).
With respect to claim 11, Luo discloses the device according to claim 1, characterized in that the sensor means is arranged on an element (See that [120] is mounted on the inner wall of [101] in figure 1 of Luo), which is provided for a contact with the product mass and which is located in the container, for example on the product mass processing tool (See paragraph [0042] of Luo).
With respect to claim 12, Luo discloses the device according to claim 1, characterized in that the device is formed for processing a food product mass (See paragraph [0042] of Luo).
With respect to claim 14, Luo discloses a method (See figure 1 of Luo) for processing a product mass (See the food product disclosed in the abstract of Luo) in a container (See [101] in figure 1 of Luo), with at least one product mass processing tool in the container (See [105] in figure 1 of Luo), which is provided to act on the product mass (See paragraph [0043] of Luo), and at least one sensor means having a dielectric sensor (See [120] in figure 1 of Luo), wherein the sensor means is arranged and formed in such a way that dielectric properties of the product mass can be detected continuously or at least temporarily by means of the dielectric sensor in an environment of the dielectric sensor (See paragraphs [0009] and [0022] in view of paragraph [0040] of Luo), the method including the steps of: filling the product mass and/or starting material for creating the product mass into a container (See paragraph [0056] of Luo); acting on the product mass by means of at least one product mass processing tool in the container (See [105] in figure 1 of Luo), wherein the product mass is processed or formed and processed by means of contact with the product mass processing tool (See paragraph [0043] of Luo), and the product mass processing tool is at least temporarily in contact with the product mass (See [105] in figure 1 of Luo); and detecting, by means of a sensor means having a dielectric sensor (See [120] in figure 1 of Luo), dielectric properties of the product mass in an environment of the dielectric sensor, wherein the detecting takes place continuously or at least temporarily, while the product mass is located in the container (See paragraphs [0009] and [0022] in view of paragraph [0040] of Luo).
With respect to claim 15, Luo discloses the method according to claim 14, characterized in that the product mass processing tool for processing or forming and processing the product mass is moved within the container relative thereto (See paragraph [0043] of Luo).
With respect to claim 16, Luo discloses the method according to claim 15, characterized in that at least one movement pause is provided, during which the moving of the product mass processing tool is interrupted or significantly slowed down (See the slowing disclosed in paragraph [0059] of Luo) and that the detection of the dielectric properties during the movement pause takes place during standstill or slowed-down movement of the product mass processing tool (See paragraph [0059] of Luo) or the detection of the dielectric properties takes place continuously and an evaluation of the dielectric properties detected during the movement pause during standstill or slowed-down movement of the product mass processing tool is performed (See paragraph [0059] of Luo).
With respect to claim 17, Luo discloses the method according to claim 15, characterized in that several movement pauses are provided and in the movement pauses, the product mass processing tool is in each case brought to a standstill essentially at the same position along a movement path of said product mass processing tool or is moved in a slowed-down manner, whereby the product mass processing tool is preferably brought to a standstill or is moved in a slowed-down manner within a section of the movement path thereof (See paragraph [0059] of Luo), in that the product mass processing tool sweeps over an attachment location of the dielectric sensor (See paragraph [0043] of Luo).
With respect to claim 18, Luo discloses the method according to claim 14, characterized in that simultaneously with the dielectric properties (See paragraph [0058] of Luo), a temperature of the product mass is detected continuously or at least temporarily in the environment of the dielectric sensor (See paragraph [0058] of Luo).
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(s) 8, 9, 10, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo as applied to claim 1 above, and further in view of Suster et al. (US PUB 2019/0154603), hereinafter Suster.
With respect to claim 8, Luo discloses the device according to claim 1, but fails to disclose characterized in that the device is provided with several sensor means, which each have a dielectric sensor for temporarily or continuously detecting dielectric properties of the product mass, in each case in an environment of the dielectric sensor and which are in particular each further configured for the continuous or temporary detection of a temperature of the product mass. However, Suster does disclose characterized in that the device is provided with several sensor means (See paragraph [0086] of Suster), which each have a dielectric sensor for temporarily or continuously detecting dielectric properties of the product mass (See paragraph [0086] of Suster in view of paragraph [0003] of Suster), in each case in an environment of the dielectric sensor (See paragraph [0086] of Suster) and which are in particular each further configured for the continuous or temporary detection of a temperature of the product mass (See paragraph [0086] of Suster in view of paragraph [0033] of Suster). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Luo to include the features disclosed by Suster because doing so enhances detection sensitivity and improved food safety.
With respect to claim 9, the combination of Luo and Suster discloses the device according to claim 8, characterized in that the several sensor means are arranged along a circumferential direction of the container (See the plurality of sensor means [150] and [120] in figure 2 of Luo).
With respect to claim 10, the combination of Luo and Suster discloses the device according to claim 8, characterized in that the several sensor means are arranged spaced apart from one another along a path, which the product mass processing tool follows repeatedly during the processing of the product mass during operation of the device (See the horizontal displacement between the plurality of sensor means [150] and [120] in figure 2 of Luo).
With respect to claim 19, Luo discloses the method according to claim 14, characterized in that the dielectric properties (See paragraph [0058] of Luo), in particular the dielectric properties (See paragraph [0058] of Luo) and the temperature (See paragraph [0058] of Luo) of the product mass are detected (See paragraph [0058] of Luo) and which the product mass processing tool follows repeatedly during the processing of the product mass and are swept over consecutively by the product mass processing tool (See paragraph [0043] in view of [120] in figure 1 of Luo) but fails to disclose the method wherein the dielectric properties and the temperature of the product mass are detected at several detection points and in particular that the detection points are thereby arranged spaced apart from one another along a path. However, Suster does disclose the method wherein the dielectric properties and the temperature of the product mass are detected at several detection points (See paragraph [0086] of Suster) and in particular that the detection points are thereby arranged spaced apart from one another along a path (See the horizontal displacement between the plurality of sensor means [150] and [120] in figure 2 of Luo). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method disclosed by Luo to include the method steps disclosed by Suster because doing so enhances detection sensitivity and improved food safety.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo as applied to claim 1 above, and further in view of Brockmann (US PUB 2019/0110494).
With respect to claim 13, Luo discloses the device according to claim 1, but fails to disclose characterized in that the device is formed as a conching device for processing a chocolate mass and the product mass processing tool is a conching tool. However, Brockmann does disclose characterized in that the device is formed as a conching device for processing a chocolate mass and the product mass processing tool is a conching tool (See the abstract of Brockmann). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Luo to include the feature disclosed by Brockmann because doing so enables the specialized processing of chocolate food products.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMILADE S RHODES-VIVOUR whose telephone number is (571)270-5814. The examiner can normally be reached M-F (flex schedule).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at 571-272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TEMILADE S RHODES-VIVOUR/ Examiner, Art Unit 2858
/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858