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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/17/2026 has been entered.
Response to Amendment
The amendment filed on 03/17/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-15 are pending.
Claim Rejections - 35 USC § 112(b)
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.
Claims 14 is 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.
Claim 14 recites “wherein the first peripheral walls of the first plurality of fixation features are configured to prevent rotation of the ingredients within the interior volume of the beaker during operation of a blade assembly of the micro puree machine”, this is unclear. How are fixation features on the exterior of the bottom surface going to effect the interior volume? Does this mean that the fixation features are not only on the bottom as recited in claim 1 and extend into the interior? Are the fixation features hollow? It is unclear how an exterior feature will affect the interior contents.
These features are claimed on an external surface. They are not claimed as being hollow or as being a depression in the interior bottom surface that extends downwardly so as to have an interaction with the internal volume of the beaker as such the rejection is not withdrawn as it is unclear how external features will affect an interior volume.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4, 6-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Audette et al. US 2012/0027902 A1, herein after referred to as Audette.
Regarding claim 1 Audette discloses a beaker (20 container, Figs.1 and 6-7) for use with a micro puree machine (60 base), the beaker comprising:
a first open end (300 see Fig. 25 below modified from Fig. 6);
a second closed end (301, Fig. 25) having an exterior bottom surface (302, Fig. 25), the exterior bottom surface having an outer circumference (Fig. 6-7); and
a sidewall (303, Fig. 25) extending between the first open end and the second closed end to define an interior volume configured to receive ingredients through the first open end (Figs. 6 and 25); wherein the exterior bottom surface (302) forms the second closed end that defines the interior volume;
wherein the exterior bottom surface (302) includes a first plurality of fixation features (28 engagement elements, Fig. 7 and 26, see below modified from Fig. 7), each of the first plurality of fixation features having a longitudinal axis, the first plurality of fixation features being arranged in a circle on the exterior bottom surface such that the longitudinal axis of each of the first plurality of fixation features extends along the circle (Fig. 7 and 26), each of the first plurality of fixation features being spaced apart from the outer circumference of the exterior bottom surface (Fig. 7).
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Regarding claim 2 Audette discloses the beaker of claim 1and further discloses wherein the first plurality of fixation features (28) are positioned closer to the outer circumference of the beaker than to a central axis of the beaker (Fig. 7).
Regarding claim 3 Audette discloses the beaker of claim 1and further discloses wherein the first plurality of fixation (28) features are generally oblong in shape (Fig. 7).
Regarding claim 4 Audette discloses the beaker of claim 1and further discloses wherein the first plurality of fixation features (28) comprises at least four fixation features (Fig. 7).
Regarding claim 6 Audette discloses the beaker of claim 1and further discloses wherein the exterior bottom surface (302) of the beaker further includes a second plurality of fixation features (32 stop, Fig. 7).
Regarding claim 7 Audette discloses the beaker of claim 1and further discloses wherein the second plurality of fixation features (32) comprises a second peripheral wall that meets the exterior bottom surface of the beaker at an angle (the peripheral wall of 32 meet the beaker via 305, Fig. 26).
Regarding claim 8 Audette discloses the beaker of claim 6 and further discloses wherein the second closed end (301) has a circular shape (Figs. 1 and 25), and wherein the first and second pluralities of fixation features are disposed in an annular pattern about a circumference of the second closed end (Fig. 7).
Regarding claim 9 Audette discloses the beaker of claim 8 and further discloses wherein the first (28) and second pluralities of fixation features (32) have alternating positions within the annular pattern (Fig. 7).
Regarding claim 10 Audette discloses the beaker of claim 6 and further discloses wherein the second plurality of fixation features (32) comprises at least four fixation features (Fig. 7).
Regarding claim 11 Audette discloses the beaker of claim 6 and further discloses wherein the second plurality of fixation features (32) are generally oblong in shape (Fig. 7).
Regarding claim 12 Audette discloses the beaker of claim 1 and further discloses wherein the first open end (300) of the beaker is configured to couple to a lid (40 lid, Fig. 1).
Regarding claim 13 Audette discloses the beaker of claim 1 and further discloses wherein the second closed end (301) has a circular shape (Figs. 1 and 25), and wherein the first pluralities of fixation features are disposed in an annular pattern about a circumference of the second closed end (Fig. 7).
Regarding claim 15 Audette discloses the beaker of claim 1 and further discloses
wherein the beaker is manufactured from a disposable material (paragraph [0093] plastics and metals are disposable).
Allowable Subject Matter
Claim 5 is 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.
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive. Applicant argues that “Audette fails to disclose or suggest an exterior bottom surface that forms a second closed end that defines an interior volume, and in which the exterior bottom surface includes a first plurality of fixation features, as recited in amended independent claim 1” and “engagement elements 28 of Audette, however, are not provided on the exterior bottom surface of the container 20”, examiner disagrees. Applicant further states that “the engagement elements 28 are provided on a skirt surrounding the exterior bottom surface of the container 20”, the bottom surface includes the skirt and the fixation features. Thusly the fixation features are included on the exterior bottom surface. It appears that the applicant is arguing that the fixation features are directly on a horizontal exterior bottom surface which is not claimed. The claim recites that the fixation features are included with the exterior bottom surface and as such Audette meets the limitations as they are currently recited.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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