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
Claim 9 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 9 recites the limitation, “the output shaft is connected with the stirring rod after goes across the housing”. It is unclear what is meant by this limitation. As such the claim is indefinite for failing to distinctly claim the invention.
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.
Claim(s) 1-6, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wulf et al. (U.S. Patent No. 6,609,821).
Regarding claim 1, Wulf et al. discloses a stirring device applicable to containers, detachably assembled on an opening of the container (figure 2, blender base 32), and the stirring device comprising:
a control module (figure 21, microcontroller 224);
a power module, electrically connected to the control module (figure 21, power source 232); and
a driver module, electrically connected to the control module (figures 21-24, motor 234); wherein the driver module is provided with an output shaft and the output shaft is connected to a stirring rod extending into an interior of the container (figure 2, drive element 56, drive shaft 201, blade unit 112; column 5, lines 43-60; column 12, lines 38-45),
the control module is configured to control the driver module to cycle through two rotation modes, one of the rotation modes is a forward rotation for a number of seconds or revolutions, and the other of the rotation modes is a reverse rotation for a number of seconds or revolutions (figures 22, 23, 24, 26; column 5, lines 8-14; column 12, lines 38-60; columns 12-13, lines 65-5; column 14, lines 7-35).
Regarding claim 2, Wulf et al. discloses wherein the control module comprises a forward rotation circuit, a reverse rotation circuit, and a circuit switching module electrically connected the two respectively (figure 22, two different lines to motor 234 indicating forward and reverse rotation circuit, #240 for switching; figure 23, two lines to motor 234 indicating forward and reverse rotation circuit, #242 for switching; figure 24, motor 234 has two separate circuit lines, #250 for switching); wherein the control module controls the driver module to perform the forward rotation after the forward rotation circuit is energized, and the control module controls the driver module to perform the reverse rotation after the reverse rotation circuit is energized; and wherein the circuit switching module is configured for energizing one of the forward rotation circuit and the reverse rotation circuit (figures 22-24 and 26; columns 12-13, lines 38-13).
Regarding claim 3, Wulf et al. discloses wherein the driver module is a motor (motor 234), and a current that the forward rotation circuit passes into the motor is opposite to a current that the reverse rotation passes into the motor (columns 12-13, lines 38-13).
Regarding claim 4, Wulf et al. discloses wherein the control module is a control circuit board (figures 22-24) and the circuit switching module is a master switch integrated in the control circuit board (figure 22, #240; figure 24, #250).
Regarding claim 5, Wulf et al. discloses wherein the two rotation modes are combined as the forward rotation for 10 s followed by the reverse rotation, and the reverse rotation for 10 s followed by the forward rotation (figures 26 and 28, user interface permits control of direction and timing as recited; column 2, lines 25-37; column 15, lines 31-45).
Regarding claim 6, Wulf et al. discloses wherein the power module is a rechargeable battery or an external power supply (figure 21, power source 232).
Regarding claim 8, Wulf et al. discloses wherein the stirring device is further provided with a housing and a cover (figures 3, attachment protrusion 46 makes up housing, and sides 43 make up the cover), a cavity is provided in the housing for electronic components to be placed in, and the cover is provided on the cavity (see figures 3-5, with figure 5 showing motor shaft 64 that connects to motor in housing 46 with cavity/space shown around motor shaft 64 and cover 43 provided around cavity).
Regarding claim 10, Wulf et al. discloses wherein the cover is further provided with a switch section electrically connected to the control module, and the switch section controls on and off of the stirring device (figure 3, user interface 63 on cover 43; figures 28-30, user interface 222).
Claim Rejections - 35 USC § 103
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) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wulf et al. in view of Milani (EP1987750A2).
Regarding claim 7, Wulf et al. discloses all the limitations as set forth above. While Wulf et al. discloses a charging section with a charging socket that is electrically connected to the control module (figure 21, power source 232), the charging section is not used to charge the rechargeable battery.
Milani teaches another drink/food blender (abstract; figure 1), wherein the stirring device is further provided with a charging section (recharging battery tap 7), a charging socket is provided in the charging section that electrically connected to the control module (recharging battery tap 7), and the charging section is used to charge the rechargeable battery (rechargeable batteries 8).
It would have been obvious to one of ordinary skill in the art before the time of filing to provide the charging socket and rechargeable battery of Milani on the charging section of Wulf et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach drink blenders. One of ordinary skill in the art would be motivated to provide a charging socket and rechargeable battery instead of the power chord because it permits the applicant to be more easily transportable so that it may be used in more location without be tied to a power socket.
Regarding claim 9, Wulf et al. discloses all the limitations as set forth above. While Wulf et al. discloses the output shaft is connected with the stirring rod after goes across the housing (figures 2-5, #56, 64, 112 and 201), and the stirring rod is disposed at the top of the housing (figure 3, #112 and 201) rather than a bottom of the housing.
Milani teaches another drink/food blender (abstract; figure 1), wherein the stirring rod is disposed at a bottom of the housing (figure 2, #10 and 11), and the output shaft is connected with the stirring rod after goes across the housing (figure 2, #10 and 11).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the stirring rod and output shaft of Wulf et al. for the stirring rod to be disposed at a bottom of the housing and the output shaft is connected with the stirring rod after goes across the housing as taught by Milani. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach drink blenders. One of ordinary skill in the art would be motivated to do the foregoing because it provide more support to the stirring shaft and output shaft to pass through the entire housing to the bottom of the housing, and since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Capp (U.S. Patent Pub. No. 2002/0027175) discloses a stirring device applicable to containers, detachably assembled on an opening of the container (figures 1-2, appliance 20), and the stirring device comprising: a control module (figures 4-6, printed circuit 160); a power module, electrically connected to the control module (figures 1 and 4, power cable 164; [0060]-[0064]); and a driver module, electrically connected to the control module (figures 4-6, motor 140); wherein the driver module is provided with an output shaft (figures 4-7, drive pin 132) and the output shaft is connected to a stirring rod extending into an interior of the container (figures 1-7, spindle 114 connected to drive pin 132 by connecting rod 128; [0055]-[0058]), the control module is configured to control the driver module to cycle through two rotation modes, one of the rotation modes is a forward rotation for a number of seconds or revolutions, and the other of the rotation modes is a reverse rotation for a number of seconds or revolutions (printed circuit 160; [0060]-[0062]).
Katsuki et al. (U.S. Patent Pub. No. 2018/0360271) discloses a stirring device (#2, 61) applicable to containers (#40), wherein the stirring device detachably assembled on an opening of the container (figures 1 and 2, #41), and the stirring device comprising: a control module (#11; [0078]); a power module, electrically connected to the control module (#7); and a driver module, electrically connected to the control module (#9); wherein the driver module is provided with an output shaft (shaft of motor 9) and the output shaft is connected to a stirring rod extending into an interior of the container (#63), the control module is configured to control the driver module to cycle through two rotation modes, one of the rotation modes is a forward rotation for a number of seconds or revolutions, and the other of the rotation modes is a reverse rotation for a number of seconds or revolutions ([0128]-[0130]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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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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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
