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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/7/2024 and 10/29/2025 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 2-10 are objected to because of the following informalities:
Claims 2, 3, 6, 7, and 10 recite “the handheld vacuum marinator device of claim 1” which should be amended to “the handheld vacuum marinator device of claim 1, .”
Claims 4 recites “the handheld vacuum marinator device of claim 3” which should be amended to “the handheld vacuum marinator device of claim 3, .”
Claims 5 recites “the handheld vacuum marinator device of claim 4” which should be amended to “the handheld vacuum marinator device of claim 4, .”
Claims 8 and 9 recite “the handheld vacuum marinator device of claim 7” which should be amended to “the handheld vacuum marinator device of claim 7, .”
Appropriate correction is required.
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 1, 2, 6-8, 10-14, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (US20200087012A1) in view of Michie (US20190291906A1).
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Fig. 1 of Nguyen
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Fig. 7 of Nguyen
Regarding claim 1, Nguyen teaches a handheld vacuum marinator device (Fig. 1) comprising:
a housing (1) containing a vacuum device (5) and a suction inlet (16) fluidly coupled to the vacuum device (5);
a suction function (2a-d) button on or embedded in the housing (1) and configured to activate a suction procedure when depressed ([0020] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling.); and
a marinade function button (2a-d) on or embedded in the housing (2) and configured to activate a marinade procedure when depressed ([0020] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling.),
wherein the suction procedure ([0022] “vacuum switch on” Fig. 7) includes activating the vacuum device to pull a vacuum through the suction inlet (16, [0022] vacuum pump 5 will be turned on to extract air from the vacuum chamber) and deactivating the vacuum device when a first vacuum level is detected ([0023] When the vacuum level in the tubing hit the preset vacuum threshold set on the vacuum switch, it sends signal to the microchip controller to turn off the vacuum pump, Fig. 7), and
wherein the marinade procedure ([0025] meat marinating Mode 1. FIG. 7 ) includes initiating a plurality of cycles of activating the vacuum device to pull the vacuum through the suction inlet (16, [0025] Marinating Mode 1 consists of five vacuuming cycles),
deactivating the vacuum device when a second vacuum level is detected ([0025] When the vacuum level sensed by vacuum switch 3 reaches the preset threshold, the vacuum switch 3 will send a signal to the microchip controller to stop the vacuum pump 5),
holding the second vacuum level for a first preset amount of time ([0025] A 6-minute delay will follow to allow the marinating recipes to soak into the meat), releasing the vacuum after the first preset amount of time ([0025] Following this 6-minute delay, the microchip controller will open the release valve 3 to de-vacuum the sealable vacuum container),
and waiting a second preset amount of time to reactivate the vacuum device for a start of a next one of the plurality of cycles ([0025] After a 3-second delay, the release valve 3 is closed again by the microchip controller, getting ready for the next vacuuming cycle, which will start immediately by turning on the vacuum pump).
Nguyen is silent on a removable reservoir configured to couple to the housing over the suction inlet and including a gasket for sealing the housing to a bag or container.
Michie teaches a removable reservoir (225) configured to couple to the housing (75) over the suction inlet (325) and including a gasket (315)for sealing the housing (75) to a bag or container (275).
Nguyen and Michie are considered to be analogous to the claimed invention because they are in the same field of vacuum devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen to incorporate the teachings of Michie to have a removable reservoir coupled to the housing over the suction inlet, having a gasket for sealing in order to facilitate suction of a bag or container while having an area, such as the reservoir, to capture any liquids and to have it be removable for easy cleaning (Michie [0008]).
Regarding claim 2, Nguyen and Michie teach the handheld vacuum marinator device of claim 1 and Nguyen teaches wherein the vacuum device (5) includes a vacuum pump ([0019] Vacuum pump 5 is a commercially-off-the shelve (COTS) one and is of reciprocating type, which has a piston that moves inside a cylinder) and a motor ([0019] vacuum pump piston is driven by an electric motor) configured to drive the vacuum pump (5, [0019]).
Regarding claim 6, Nguyen and Michie teach the handheld vacuum marinator device of claim 1 and Nguyen teaches further comprising a microcontroller embedded on a printed circuit board (11 [0019]) and electrically coupled to the vacuum device (5),
the suction function button, and the marinade function button ([0020] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling),
and wherein the microcontroller (11) activates the suction procedure and the marinade procedure in response to detecting depression of the suction function button and the marinade function button, respectively ([0020-0025] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling corresponding to operating switches 7-10 Fig. 7 vacuum switch 7 is pressed by the user, which responses to the “vacuum switch on”; starting with “marinating 1 switch on” block when press mal button 9).
Regarding claim 7, Nguyen and Michie teach the handheld vacuum marinator device of claim 1 and Nguyen teaches further comprising a vacuum switch (4) in fluid connection with the suction inlet (15) that detect the first vacuum level ([0023] vacuum level sensed by vacuum switch 4 reaches the preset threshold, for vacuum switch on procedures) and the second vacuum level ([0025] vacuum level sensed by vacuum switch 4 reaches the preset threshold, for marinate 1 switch on procedures).
Regarding claim 8, Nguyen and Michie teach the handheld vacuum marinator device of claim 7 and Nguyen teaches wherein the first vacuum level is equal to the second vacuum level ([0024-0025] preset threshold; where in both vacuum switch on and marinating 1 switch on, the preset threshold is taken to be the same).
Regarding claim 10, Nguyen and Michie teach the handheld vacuum marinator device of claim 1 and Nguyen teaches further comprising a release valve (3) configured to open the vacuum to atmosphere after expiration of the first preset amount of time ([0025] Following this 6-minute delay, the microchip controller will open the release valve 3 to de-vacuum the sealable vacuum container.)
Regarding claim 11, Nguyen teaches a handheld vacuum marination system comprising:
a handheld vacuum marinator device (Fig. 1) comprising:
a housing (1) containing a vacuum device (5) and a suction inlet (16) fluidly coupled to the vacuum device (5);
a suction function (2a-d) button on or embedded in the housing (1) and configured to activate a suction procedure when depressed ([0020] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling.); and
a marinade function button (2a-d) on or embedded in the housing (2) and configured to activate a marinade procedure when depressed ([0020] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling.).
Nguyen is silent on a removable reservoir configured to couple to the housing over the suction inlet and a charging cradle configured to receive the handheld vacuum marinator device.
Michie teaches a removable reservoir (225) configured to couple to the housing (75) over the suction inlet (325), and a charging cradle (5) configured to receive the handheld vacuum marinator device (1).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen to incorporate the teachings of Michie to have a removable reservoir coupled to the housing over the suction inlet in order to facilitate suction of a bag or container while having an area, such as the reservoir, to capture any liquids and to have it be removable for easy cleaning ([0008]) and to have charging cradle to charge the vacuum device so that the vacuum device may receive quick charging enabling handheld cordless vacuum sealing (Michie [0006-0009]).
Regarding claim 12, Nguyen and Michie teach the system of claim 11, and Nguyen teaches wherein the suction procedure ([0022] “vacuum switch on” Fig. 7) includes activating the vacuum device to pull a vacuum through the suction inlet (16, [0022] vacuum pump 5 will be turned on to extract air from the vacuum chamber) and deactivating the vacuum device when a first vacuum level is detected ([0023] When the vacuum level in the tubing hit the preset vacuum threshold set on the vacuum switch, it sends signal to the microchip controller to turn off the vacuum pump, Fig. 7),
Regarding claim 13, Nguyen and Michie teach the system of claim 12, and Nguyen teaches wherein the marinade procedure ([0025] meat marinating Mode 1. FIG. 7 ) includes initiating a plurality of cycles of activating the vacuum device to pull the vacuum through the suction inlet (16, [0025] Marinating Mode 1 consists of five vacuuming cycles),
deactivating the vacuum device when a second vacuum level is detected ([0025] When the vacuum level sensed by vacuum switch 3 reaches the preset threshold, the vacuum switch 3 will send a signal to the microchip controller to stop the vacuum pump 5),
holding the second vacuum level for a first preset amount of time ([0025] A 6-minute delay will follow to allow the marinating recipes to soak into the meat), releasing the vacuum after the first preset amount of time ([0025] Following this 6-minute delay, the microchip controller will open the release valve 3 to de-vacuum the sealable vacuum container),
and waiting a second preset amount of time to reactivate the vacuum device for a start of a next one of the plurality of cycles ([0025] After a 3-second delay, the release valve 3 is closed again by the microchip controller, getting ready for the next vacuuming cycle, which will start immediately by turning on the vacuum pump).
Regarding claim 14, Nguyen and Michie teach the system of claim 11, and Nguyen teaches wherein the vacuum device (5) includes a vacuum pump ([0019] Vacuum pump 5 is a commercially-off-the shelve (COTS) one and is of reciprocating type, which has a piston that moves inside a cylinder) and a motor ([0019] vacuum pump piston is driven by an electric motor) configured to drive the vacuum pump (5, [0019]).
Regarding claim 16, Nguyen and Michie teach the system of claim 13, and Nguyen teaches further comprising a microcontroller embedded on a printed circuit board (11 [0019]) and electrically coupled to the vacuum device (5), the suction function button, and the marinade function button ([0020] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling),
and wherein the microcontroller (11) activates the suction procedure and the marinade procedure in response to detecting depression of the suction function button and the marinade function button, respectively ([0020-0025] buttons 2 a, 2 b, 2 c, and 2 d are for vacuum, cancel, marinate 1, and marinate 2 enabling corresponding to operating switches 7-10 Fig. 7 vacuum switch 7 is pressed by the user, which responses to the “vacuum switch on”; starting with “marinating 1 switch on” block when press mal button 9).
Regarding claim 17, Nguyen and Michie teach the system of claim 13, and Nguyen teaches further comprising a vacuum switch (4) in fluid connection with the suction inlet (15) that detect the first vacuum level ([0023] vacuum level sensed by vacuum switch 4 reaches the preset threshold, for vacuum switch on procedures) and the second vacuum level ([0025] vacuum level sensed by vacuum switch 4 reaches the preset threshold, for marinate 1 switch on procedures).
Regarding claim 18, Nguyen and Michie teach the system of claim 17, and Nguyen teaches wherein the first vacuum level is equal to the second vacuum level ([0024-0025] preset threshold; where in both vacuum switch on and marinating 1 switch on, the preset threshold is taken to be the same).
Regarding claim 20, Nguyen and Michie teach the system of claim 11, but Nguyen is silent on wherein the charging cradle contains electrical contacts and the handheld vacuum marinator device contains charging contacts, such that when the handheld vacuum marinator device is received within the charging cradle, the electrical contacts contact the charging contacts.
Michie teaches wherein the charging cradle (5) contains electrical contacts (328) and the handheld vacuum marinator device (1) contains charging contacts (350), such that when the handheld vacuum marinator device (1) is received within the charging cradle (5), the electrical contacts (328) contact the charging contacts (350, [0054] each charging contact 350 extends through a charging contact aperture 345 of a socket cover 330 so that the charging contacts 350 may engage the electrical contacts 328 of the cradle 5).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen to incorporate the teachings of Michie to have charging cradle with contacts on the device and the cradle to be able to charge the vacuum device so that the vacuum device may receive quick charging enabling handheld cordless vacuum sealing (Michie [0006-0009]).
Claims 3, 4, 9, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (US20200087012A1) in view of Michie (US20190291906A1) as applied to claims 1 and 11 above, and further in view of Lemme (US20080000204A1).
Regarding claim 3, Nguyen and Michie teach the handheld vacuum marinator device of claim 1, but are silent on a suction function indicator that activates when the suction procedure is occurring; and a marinade function indicator that activates when the marinade procedure is occurring.
Lemme teaches a suction function indicator ([0186] first indicator light) that activates when the suction procedure is occurring ([0186] a first indicator light may optionally turn on when the film bag 308 is 50% inflated; where 50% inflation is taken to be the suction procedure); and
a marinade function indicator ([0179] a second indicator light) that activates when the marination procedure is occurring ([0180] If the film bag 308 is to be totally inflated (100% inflation), a second indicator light may optionally turn on when that inflation percent is reached; where 100% inflation is taken to be the marination procedure).
Nguyen, Michie, and Lemme are considered to be analogous to the claimed invention because they are in the same field of vacuum devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen and Michie to incorporate the teachings of Lemme to have first and second indicator lights to indicate a suction and a marinade function in order to indicate to the user the amount of pressure within the vacuumed bag or object (Lemme [0180]).
Regarding claim 4, Nguyen, Michie, and Lemme teach the handheld vacuum marinator device of claim 3, but Nguyen and Michie are silent on wherein the suction function indicator ([0186] first indicator light) includes a first LED light pipe ([0150] LED lights) proximate to the suction function button ([0179, 0182] A light adjacent to the pre-selected vacuum percentage vacuum control may light up and the predetermined vacuuming percentage will commence; on control panel 160 having buttons).
and wherein the marinade function indicator ([0179] a second indicator light) includes a second LED light pipe ([0150] LED lights) proximate to the marinade function button ([0179, 0182] A light adjacent to the pre-selected vacuum percentage vacuum control may light up and the predetermined vacuuming percentage will commence; on control panel 160 having buttons).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen and Michie to incorporate the teachings of Lemme to have first and second indicator lights to be proximate to a suction and a marinade button in order to indicate to the user the amount of pressure within the vacuumed bag or object (Lemme [0180]).
Regarding claim 9, Nguyen and Michie teach the handheld vacuum marinator device of claim 7, but are silent on wherein the first vacuum level is different from the second vacuum level.
Lemme teaches wherein the first vacuum level is different from the second vacuum level ([0179, 0182] 50% inflation and 100% inflation).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen and Michie to incorporate the teachings of Lemme to have the threshold levels be different in order to be able to provide a range of vacuum percentages to provide a variety of inflation and suction of the vacuum sealed product (Lemme [0148]).
Regarding claim 15, Nguyen and Michie teach the system of claim 13, but are silent on a suction function indicator that activates when the suction procedure is occurring; and a marinade function indicator that activates when the marinade procedure is occurring.
Lemme teaches a suction function indicator ([0186] first indicator light) that activates when the suction procedure is occurring ([0186] a first indicator light may optionally turn on when the film bag 308 is 50% inflated; where 50% inflation is taken to be the suction procedure); and
a marinade function indicator ([0179] a second indicator light) that activates when the marination procedure is occurring ([0180] If the film bag 308 is to be totally inflated (100% inflation), a second indicator light may optionally turn on when that inflation percent is reached; where 100% inflation is taken to be the marination procedure).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen and Michie to incorporate the teachings of Lemme to have first and second indicator lights to indicate a suction and a marinade function in order to indicate to the user the amount of pressure within the vacuumed bag or object (Lemme [0180]).
Regarding claim 19, Nguyen and Michie teach Nguyen and Michie teach the system of claim 17, but are silent on wherein the first vacuum level is different from the second vacuum level.
Lemme teaches wherein the first vacuum level is different from the second vacuum level ([0179, 0182] 50% inflation and 100% inflation).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Nguyen and Michie to incorporate the teachings of Lemme to have the threshold levels be different in order to be able to provide a range of vacuum percentages to provide a variety of inflation and suction of the vacuum sealed product (Lemme [0148]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (US20200087012A1), Michie (US20190291906A1), and Lemme (US20080000204A1) as applied to claim 4 above, and further in view of Germano (US5765608A).
Regarding claim 5, Nguyen, Michie, and Lemme teach the handheld vacuum marinator device of claim 4, and Nguyen teaches the marinade procedure before turning on for a third preset amount of time when the plurality of cycles are completed ([0025] After a 3-second delay, the release valve 3 is closed again by the microchip controller, getting ready for the next vacuuming cycle, which will start immediately by turning on the vacuum pump), but is silent on wherein the second LED light pipe pulses on and off during the marinade procedure before turning on for a third preset amount of time when the plurality of cycles are completed,
Germano teaches wherein the second LED light pipe pulses on and off during (Col. 5 lines 40-60 display may be in the form of a series of light emitting diodes which successively turn on or off to show the gradual formation of a vacuum within the vacuum chamber and vacuum-seal container).
Nguyen, Michie, Lemme, and Germano are considered to be analogous to the claimed invention because they are in the same field of vacuum devices. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified the marinade procedure as taught by Nguyen, Michie, and Lemme to incorporate the teachings of Germano to have a second LED light pulse during the procedure in order to be able to dynamically indicate the function of the vacuum device to the operator (Germano Col. 3 lines 1-20).
Conclusion
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 7/15/2026
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