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 .
Priority
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.
Claim Rejections - 35 USC § 112
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 26 and 27 are 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 26, line 4 recites “the mixing chamber”, there is insufficient antecedent basis for this limitation in the claim.
Claim 27 is also rejected because it is dependent upon claim 1.
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.
(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.
Claims 26 and 27 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Carhuff (US 2004/0118291).
With respect to the limitations of claims 26 and 27, Carhuff teaches a method of cleaning a mixing apparatus in a drink dispensing machine, comprising: operably inserting the mixing apparatus (Fig 1, mixing device 400, 0052, where mixing device is in assembled operating position) into the drink dispensing machine (dispenser 100, 0052); filling the mixing chamber (mixing bowl 406, skirt 410, 0060, 0120) with cleaning fluid up to the cleaning fluid drain (overflow line 965, 0120, mixing bowl 406 fills up with hot water 820, which then over flows mixing bowl 406 and flows into the skirt 410, through overflow line 965, and into the drain 940); and, allowing the cleaning fluid to drain from the cleaning fluid drain (0135)
the cleaning fluid drain is an overflow drain (overflow line 965).
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.
Claims 1, 3, 7, 9, 12, 13, 14, 18 and 25 are rejected under 35 U.S.C. 103 as being obvious over Carhuff (US 2004/0118291) in view of Dubief (US 2017/0000287) and Jahge (WO2016062352). A copy of Jahge (WO2016062352) is provided with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Carhuff teaches a mixing apparatus (Fig 1, mixing device 400, 0052) for mixing a powder (coffee container 412, chocolate container 412a, 00612) and a fluid (hot water 820, water feed line 960, 0112) for use in a drink dispensing machine (dispenser 100, 0052), the mixing apparatus comprising: a mixing chamber (mixing bowl 406, skirt 410, 0060, 0120) comprising: a powder inlet (inlet for coffee container 412, chocolate container 412a); a cleaning fluid drain (overflow line 965, 0120); a fluid inlet (water feed line 960); a mixing chamber outlet (outlet above whipper 409, 0060) for an outflow of mixed powder; and a chamber wall having a first base end and a second upper end (Fig 1, mixing bowl 406 having base and upper end), at least one side wall extends upwardly (mixing bowl with vertical walls) between the base end and upper end, the mixing chamber outlet is provided at the base end, and the powder inlet (inlet for coffee container 412, chocolate container 412a) is provided towards the upper end; the cleaning fluid drain is located, with respect to vertical, between the powder inlet and the mixing chamber outlet (overflow line 965 located between inlets for coffee / chocolate container 412, 412a and mixing bowl 406 outlet). Carhuff discloses the claimed invention except for explicitly showing the coffee and chocolate is a powdered material and the fluid inlet is located, with respect to vertical, between the cleaning fluid drain and the mixing chamber outlet.
However, Dubief discloses the coffee and chocolate are a powdered material (0002, many beverages like espresso and other coffee beverages, milk beverages, chocolate beverages are prepared by mixing a food soluble powder with a diluent) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the mixing apparatus of Carhuff having coffee and chocolate beverage material silent to powdered beverage material with the coffee and chocolate are a powdered material of Dubief for the purpose of using known and conventional coffee and chocolate powdered materials that are suitable as beverage materials.
Additionally, Jahge discloses the fluid inlet (Figs 2, 3c, valve passage 22a, Pg 10, Line 30 thru Pg 11, line 2 is located, with respect to vertical, between the cleaning fluid drain (rinse fluid exit 32, Pg 11, Lines 28-31) and the mixing chamber outlet (valve passage 22b, Pg 11, Lines 20-26) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the mixing apparatus of Carhuff having a fluid inlet silent to the recited inlet location with the fluid inlet is located, with respect to vertical, between the cleaning fluid drain and the mixing chamber outlet of Jahge for the purpose of locating the fluid inlet in a known location that allows rinse fluid to exit through a drain and guided to a waste container (Pg 11, Lines 28-31).
With respect to the limitations of claims 3, 7, 9, 12, 13, 14, 18 and 25, Carhuff in view of Dubief and Jahge discloses the cleaning fluid drain (Carhuff, overflow line 965) is located proximate to the powder (Dubief, 0002) inlet (Carhuff, inlet for coffee container 412, chocolate container 412a);
the cleaning fluid drain provides an overflow drain (Carhuff, 0041, overflows) for cleaning fluid received and retained in the mixing chamber;
the mixing chamber outlet is in fluid communication with a drain via a passageway for draining cleaning fluid (Jahge, Fig 3b, turn valve passage 22b, Pg 11, Lines 20-26), the passageway comprises an isolating valve (Jahge, Fig 3b, stop valve 2b, Pg 11, Lines 5-10);
further comprising an agitator chamber (Carhuff, Fig 1, whipper 409, 0061) downstream of the mixing chamber outlet;
the fluid inlet is configured to receive a mixing fluid (Carhuff, water feed line 960) for mixing with the powder and a cleaning fluid (960) for filling the mixing chamber during a cleaning procedure;
further comprising an air inlet (Dubief, Fig 2, air inlet 8, 0121);
the powder inlet (Dubief, Fig 2, powder outlet 22, 0116) is provided radially inwardly of the air inlet (Dubief, Fig 2, air inlet 8);
a drink dispensing machine (Carhuff, Fig 1, dispenser 100, 0052) comprising the mixing apparatus according to claim 1 (as set forth in the rejection of claim 1 above).
Claims 4, 15, 16, 23 and 24 are rejected under 35 U.S.C. 103 as being obvious over Carhuff (US 2004/0118291) in view of Dubief (US 2017/0000287) and Jahge (WO2016062352) as applied to claim 1, further in view of Martin (US 2009/0293733).
With respect to the limitations of claim 4, Carhuff in view of Dubief and Jahge discloses the claimed invention except for the cleaning fluid drain comprises an aperture in the at least one side wall. However, Martin discloses the cleaning fluid drain (Fig 14, overflow line 718, 0155) comprises an aperture in the at least one side wall (funnel 702, gutter 704, 0154) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the mixing apparatus of Carhuff in view of Dubief and Jahge having a cleaning fluid drain silent to the recited drain aperture with the cleaning fluid drain comprises an aperture in the at least one side wall of Martin for the purpose of providing a drain aperture in a known location that allows liquid overflow to be directed to a desired location.
With respect to the limitations of claims 15 and 16, Carhuff in view of Dubief and Jahge discloses the claimed invention except for the further comprising an exhaust for evacuating air from the mixing chamber; the exhaust is connectable to a source of negative air pressure to provide an air flow from the mixing chamber. However, Martin discloses the further comprising an exhaust (Figs 3, 4, vent tube 92, Col 5) for evacuating air from the mixing chamber (mixing chamber 50, Col 5); the exhaust is connectable to a source of negative air pressure (vent fan 96, Col 5) to provide an air flow from the mixing chamber is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the mixing apparatus of Carhuff in view of Dubief and Jahge having a mixing chamber silent to the recited exhaust with the further comprising an exhaust for evacuating air from the mixing chamber; the exhaust is connectable to a source of negative air pressure to provide an air flow from the mixing chamber of Martin for the purpose of providing a known exhaust configuration that removes moisture from the system to reduce powder clumping (Col 5, Lines 60-65).
With respect to the limitations of claims 23 and 24, Martin discloses the powder inlet (Fig 4, dispensing tube / ejector elbow 58, Col 4) is provided by an open end of the mixing chamber (mixing chamber 50), and the open end is configured to receive a powder inlet chute (58) of the drink dispensing machine;
the fluid inlet comprises a fluid inlet passageway which extends tangentially (Fig 4, hot water inlet 100, Col 6) through the at least one side wall.
Claim 17 is rejected under 35 U.S.C. 103 as being obvious over Carhuff (US 2004/0118291) in view of Dubief (US 2017/0000287), Jahge (WO2016062352) and Martin (US 2009/0293733) as applied to claims 1 and 15, further in view of JP3681040. An English machine translation of JP3681040 was provided by the applicant with the IDS submitted on 3/21/2024.
With respect to the limitations of claim 17, Carhuff in view of Dubief, Jahge and Martin discloses claimed invention except for the exhaust comprises the cleaning fluid drain. However, JP3681040 discloses the exhaust comprises the cleaning fluid drain (Figs 1, 7, 0022, although both steam and overflow liquid flow into the duct 30, the steam and the overflow liquid can be separated in the duct 30 and discharged from the exhaust port 37 and the drain port 35, respectively) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the mixing apparatus of Carhuff in view of Dubief, Jahge and Martin having an exhaust silent the exhaust comprises the cleaning fluid drain with the exhaust comprises the cleaning fluid drain of JP3681040 for the purpose of providing a known dual exhaust configuration that allows overflow liquid to be directed in a desired direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 10/6/2026
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