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 § 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 is rejected under 35 U.S.C. 103 as being unpatentable over Urquhart (2375833) in view of Lisiecki (20190364932) and Grampassi (WO2018078554) and Vulpitta et al. (20150129611).
Urquhart teaches with respect to Independent claim 1, a whipped cream dispenser (col. 2 lines 26-28) comprising:
the body including:
introducing an ingredient (fig. 1 ref. 16; pg. 2 col. 1 lines 7-10)
at least one surface passage tube containing the ingredient (fig. 1 ref. 16, 17; pg. 2 col. 1 lines 7-10);
a mixing manifold (pg. 2 col. 2 lines 10-16; “resultant mixture” fig. 1 ref. 15, 21) for receiving an injection of one or more flavors (pg. 2 col. 1 lines 1-6);
a venturi (pg. 4 col. 2 lines 5-8; pg. 4 col. 2 lines 19-23) for receiving the one or more flavors and for receiving an injection of gas to produce a gas-infused mixture (pg. 4 col. 2 lines 5-8; pg. 4 col. 2 lines 19-23) and
a whipper tube (pg. 3 col. 1 lines 36-42) comprising a whipper wand (pg. 3 col. 1 lines 15-20; lines 35-37) having a tortuous path (pg. 3 col. 1 lines 25-30 fig. 4 enhance entrainment; alternatively lines 36-42; bent portion causes stream to twist, entrain more gas than straight), the whipper wand configured to force the gas-infused mixture into the refrigerated product to produce a final whipped product (pg. 3 col. 1 lines 25-30 fig. 4 enhance entrainment; alternatively lines 36-42; bent portion causes stream to twist, entrain more gas than straight).
Urquhart teaches whipped and aerated products comprising gas infusion and thus one of ordinary skill in the art would have been motivate to look to the art of gas aerated products using non-toxic gasses such as air and carbon dioxide as taught by Urquhart.
Lisiecki teaches gas infusion of non-carbonated products (par. 0003). Lisiecki teaches a NIM venturi (par. 0030) for receiving the one or more flavors (par. 0044) and for receiving an injection of gas to produce a gas-infused mixture (par. 0030).
Thus since Urquhart teaches gas infusion of a gasses including air and carbon dioxide to be thoroughly mixed in the product (pg. 1 col. 2 line 46) and since Lisiecki teaches a same infusion of gas to food products, where in addition to air and carbon dioxide, the module further can infuse and thoroughly mix Nitrogen gas into the product (par. 0030). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to look to the current state of the art of gas infusion of food products and substituted the venturi system as taught by Urquhart with the NIM venturi of Lisiecki thus achieving the art recognized advantage over the prior art of gas infusion of Nitrogen which is known to enhance the flavor and appearance of the product as taught by Lisiecki (par. 0003).
In addition, since Lisiecki teaches the current advantage of the NIM module further including prevention of mold, mildew and bacteria compared to known venturi mixing systems (par. 0007). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to look to the current state of the art of gas infusion of food products and substituted the venturi system as taught by Urquhart with the NIM venturi of Lisiecki thus achieving the art recognized advantage over the prior art venturi system of both sufficiently aerating the product and more specifically in the instant case the additional advantage of increased cleanliness which meets industry sanitation requirement as taught by Lisiecki (par. 0008).
Urquhart teaches the production of the whipped cream by perishable foam promoting liquids including milk and milk and cream mixtures being provided by the inlet (pg. 2 col. 1 lines 8-10) though silent to a source. One of ordinary skill in the art would have been motivated to look to the art of refrigerated product dispensers as taught by Grampassi.
Grampassi teaches a system for dispensing refrigerated product. The apparatus comprising a box-shaped body (par. 0032) comprising a refrigerated storage compartment for the product to be dispensed (par. 0033). The apparatus comprising a main body comprising a frame (fig. 2 entirety), a base (fig. 2 bottom), and a top portion (par. 0038; above dispensing device fig. 3 ref. 4), the top portion including a user interface with a touchscreen (par. 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a main body structure as taught by Grampassi for its art recognized and applicants intended purpose of providing containment of the operating members as taught by Grampassi (par. 32).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the main body structure of Grampassi for a same purpose of dispensing comprising a touchscreen as further taught (par. 38) for its art recognized advantage of providing communication with the user as taught by Grampassi (par. 38).
Since Urquhart teaches the production of the whipped cream by perishable foam promoting liquids including milk and milk and cream mixtures being provided by the inlet (pg. 2 col. 1 lines 8-10) though silent to a source. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the main body a refrigerated storage compartment as taught by Grampassi (par. 0033) thus maintaining the milk and cream products at temperatures which reduce spoilage and provide a refrigerated ingredient to the surface passage tube as taught by Urquhart for mixing.
Urquhart teaches the supply of the product under pressure (pg. 2 col. 1 lines 8-9), Grampassi teaches alternatives to providing the refrigerated product including as is known in the art by Vulpitta a pumping unit (par. 08) and thus one of ordinary skill in the art would have been motivated to look to Vulpitta.
Vulpitta teaches a refrigerated food or beverage dispenser comprising a pump. Thus since Urquhart teaches supply of the product under pressure (pg. 2 col. 1 lines 8-9), though silent to the source or means. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a pump as taught by Vulpitta for providing the product of Urquhart thus achieving the art recognized advantage of selectable dispensation flow rates, cycles or product volumes as desired by the user of a refrigerated product and taught by Vulpitta (par. 0031).
Urquhart teaches providing the ingredient through a tube (fig. 1 ref. 16) from a source. Grampassi teaches providing a conduit for providing the tubular dispensing element there through (par. 33; fig. 1 ref. 16 and ref. 20) and Vulpitta teaches it is known to provide the tube guide as a thermal deck tube guide for providing additional insulation (par. 0030). Thus since Urquhart teaches providing perishable product, since both Grampassi and Vulpitta teach providing a conduit for the ingredient tube. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further provide a passage tube comprising insulation on its inner walls for its art recognized advantage meeting sanitary food requirements and regulations since the thermal deck tube guide 33 provides additional thermal insulation about tube spout 66 and aids in maintaining the temperature of product 46 temporarily retained in tube spout 66 between dispensation operations at the desired temperature to meet health and food safety requirements as further taught by Vulpitta (par. 0030). It is noted the tube guide itself is thermal insulation and thus encompasses on its inner walls.
Claims 2-8 are rejected under 35 U.S.C. 103 as being unpatentable over Urquhart (2375833) in view of Lisiecki (20190364932) and Vulpitta et al. (20150129611).
With respect to Independent claim 2, Urquhart teaches a method of whipping and dispensing a product (col. 2 lines 26-28), the method comprising:
providing cream (pg. 2 col. 1 line 8) under pressure (pg. 2 col. 1 lines 8-9) into a mixing manifold (pg. 2 col. 1 lines 8-15)
injecting at least one flavor into the mixing manifold to mix (pg. 2 col. 1 lines 14-15; resultant mixture) with the cream to produce flavored cream (pg. 2 col. 1 lines 1-7)
directing the flavored cream through a Venturi apparatus (pg. 4 col. 2 lines 5-8; pg. 4 col. 2 lines 19-23)
infusing a gas at a predetermined pressure into the (pg. 2 col. 1 lines 70-73; pg. 2 col. 2 line 5) Venturi apparatus to produce a gas-infused mixture (pg. 2 col. 1 lines 70-73; pg. 2 col. 2 line 5 atmospheric pressure)
and directing the gas-infused mixture into a churning apparatus (pg. 3 col. 1 lines 25-30 enhance entrainment; alternatively lines 36-42; bent portion causes stream to twist, entrain more gas than straight) comprising a whipper wand (pg. 3 col. 1 lines 15-20; lines 35-37) having a tortuous path (pg. 3 col. 1 lines 25-30 fig. 4 enhance entrainment; alternatively lines 36-42; bent portion causes stream to twist, entrain more gas than straight) to produce a final whipped product.
Urquhart teaches whipped and aerated products comprising gas infusion and thus one of ordinary skill in the art would have been motivated to look to the art of gas aerated products using non-toxic gasses such as air and carbon dioxide as taught by Urquhart.
Lisiecki teaches gas infusion of non-carbonated products (par. 0003). Lisiecki teaches a NIM venturi (par. 0030) for receiving the one or more flavors (par. 0044) and for receiving an injection of gas to produce a gas-infused mixture (par. 0030).
Thus since Urquhart teaches gas infusion of a gasses including air and carbon dioxide to be thoroughly mixed in the product (pg. 1 col. 2 line 46) and since Lisiecki teaches a same infusion of gas to food products, where in addition to air and carbon dioxide, the module further can infuse and thoroughly mix Nitrogen gas into the product (par. 0030). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to look to the current state of the art of gas infusion of food products and substituted the venturi system as taught by Urquhart with the NIM venturi of Lisiecki thus achieving the art recognized advantage over the prior art of gas infusion of Nitrogen which is known to enhance the flavor and appearance of the product as taught by Lisiecki (par. 0003).
In addition, since Lisiecki teaches the current advantage of the NIM module further including prevention of mold, mildew and bacteria compared to known venturi mixing systems (par. 0007). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to look to the current state of the art of gas infusion of food products and substituted the venturi system as taught by Urquhart with the NIM venturi of Lisiecki thus achieving the art recognized advantage over the prior art venturi system of both sufficiently aerating the product and more specifically in the instant case the additional advantage of increased cleanliness which meets industry sanitation requirement as taught by Lisiecki (par. 0008).
Urquhart teaches the production of the whipped cream by perishable foam promoting liquids including milk and milk and cream mixtures being provided by the inlet under pressure (pg. 2 col. 1 lines 8-10) though silent to a pressure source. One of ordinary skill in the art would have been motivated to look to the art of refrigerated product dispensers as taught by Vulpitta.
Vulpitta teaches a refrigerated food or beverage dispenser comprising a pump. Thus since Urquhart teaches supply of the product under pressure (pg. 2 col. 1 lines 8-9), though silent to the source or means. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a pump as taught by Vulpitta for providing the product of Urquhart thus achieving the art recognized advantage of selectable dispensation flow rates, cycles or product volumes as desired by the user of a refrigerated product and taught by Vulpitta (par. 0031).
Claim 3, Urquhart teaches adjusting gas pressure via a regulator (pg. 2 col. 1 lines 24-25) to regulate thickness of the final whipped product (pg. 2 col. 2 line 5-6, 9-11, 15-16). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an electronic regulator with respect to the taught regulator of Urquhart since such achieves a same specific outcome as a result of adjusting of gas pressure as taught.
Claim 4, the final whipped product is dispensed in a continuous-use, uninterrupted fashion (fig. 1; relative apparatus being continuous to produce final product).
Claim 5, since Urquhart teaches gas infusion of a gasses including air and carbon dioxide to be thoroughly mixed in the product (pg. 1 col. 2 line 46) and since Lisiecki teaches a same infusion of gas to food products, where in addition to air and carbon dioxide, the module further can infuse and thoroughly mix Nitrogen gas into the product (par. 0030). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to look to the current state of the art of gas infusion of food products and substituted one gas with that of another as taught by Lisiecki thus achieving the art recognized advantage over the prior art of gas infusion of Nitrogen which is known to enhance the flavor and appearance of the product as taught by Lisiecki (par. 0003).
Claim 6, Urquhart teaches the infused gas is carbon dioxide (CO2) (pg. 2 col. 2 lines 20-21).
Claim 7, the infused gas is ambient air (pg. 2 col. 2 lines 20-21).
Claim 8, Urquhart teaches adjusting gas pressure via a regulator (pg. 2 col. 1 lines 24-25) to regulate thickness of the final whipped product (pg. 2 col. 2 line 5-6, 9-11, 15-16). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the predetermined pressure between approximately 70 and 80 psi. thus achieving as determined by a desired varying pressure which a desired degree of fluidity and final product attributes as a result of changing pressure as taught by Urquhart (pg. 2 col. 2 line 5-6, 9-11, 15-16).
Response to Arguments
With respect to applicants urging directed to the claimed “tortuous path” of Independent claims 1 and 2. It is initially noted, though urged the tortuous path is a distinct structure, importantly the structure is merely limited by a whipper wand which has such a path. The structure is not defined and merely limited by its intended use which Urquhart specifically teaches such configured to force the gas-infused mixture into the refrigerated product to produce a final whipped product (pg. 3 col. 1 lines 25-30 fig. 4 enhance entrainment; alternatively lines 36-42; bent portion causes stream to twist, entrain more gas than straight).
It is further noted the claimed “a” tortuous path is a singular path and more specifically a path which comprises curves or twists of the gas as taught by Urquhart (pg. 3 col. 1 lines 25-30 fig. 4 enhance entrainment; alternatively lines 36-42; bent portion causes stream to twist, entrain more gas than straight) for its same art recognized purpose to produce a final whipped product.
With respect to applicants urging directed to Independent claim 1 insulation. Urquhart teaches providing the ingredient through a tube (fig. 1 ref. 16) from a source. Grampassi teaches providing a conduit for providing the tubular dispensing element there through (par. 33; fig. 1 ref. 16 and ref. 20) and Vulpitta teaches it is known to provide the tube guide as a thermal deck tube guide for providing additional insulation (par. 0030). Thus since Urquhart teaches providing perishable product, since both Grampassi and Vulpitta teach providing a conduit for the ingredient tube. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further provide a passage tube comprising insulation on its inner walls for its art recognized advantage meeting sanitary food requirements and regulations since the thermal deck tube guide 33 provides additional thermal insulation about tube spout 66 and aids in maintaining the temperature of product 46 temporarily retained in tube spout 66 between dispensation operations at the desired temperature to meet health and food safety requirements as further taught by Vulpitta (par. 0030). It is noted the tube guide itself is thermal insulation and thus encompasses on its inner walls.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN N LEFF whose telephone number is (571)272-6527. The examiner can normally be reached on M-F 8:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571)270-34753475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/Primary Examiner, Art Unit 1792
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