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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-11 and 20 in the reply filed on 03/27/2026 is acknowledged. Claims 12-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claims. Election was made without traverse by Jeremy J. Justice, Esq., Attorney of Record (Reg. No. 71,881).
Claim Objections
2. Claims 2-11 are objected to because of the following informalities:
In claims 2-11, line 1; the phrase “a soft” should be changed to --the soft-- for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS. — Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
For examination purposes, the Examiner is interpreting claim 9 as follows: 9. The clean in place assembly for the soft serve ice cream dispenser assembly of claim 1, further including disposed in , and the nozzle is formed of a conductive metal material and includes a notch formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings.
Claim Rejections - 35 USC § 103
4. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 6-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Livingston et al. (U.S. Patent No.:4848381 A), hereinafter referred to as Livingston et al. ‘381, in view of Carhuff et al. (U.S. PG Pub No.: 2004/0118291 A1), hereinafter referred to as Carhuff et al. ‘291.
Regarding claim 1, Livingston et al. ‘381 disclose a clean in place system for a soft serve clean ice cream dispenser assembly (18) comprising: an ice cream dispenser (22) having a control system (50) and a user interface (110) {as shown in Figs. 1, 1C and 2: {see Col 1, lines 7-16; Col 5, line 64 thru Col 6, line 14; and Col 8, lines 41-63}; and a clean in place assembly (20) positioned within the ice cream dispenser, the clean in place assembly including: a tank (40) having {as shown in Figs. 1, 1B, 1C: Col 7, lines 21-66}; and a clean in place control system communicatively coupled to the control system of the ice cream dispenser, wherein the clean in place control system is activated via interfacing with the user interface of the ice cream dispenser {as shown in Figs. 1C and 8: Col 1, lines 47-55; Col 2, lines11-17; Col 3, lines 24-33, and 53-55}.
However, Livingston et al. ‘381 fail to disclose the limitation of the tank having a heater disposed therein.
Carhuff et al. ‘291 teach: the concept of the dispenser preferably includes the water supply and a heater {see ¶ [0037]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 tank in view of Carhuff et al. ‘291 to include the use of a heater disposed therein, in order to facilitate a sanitizing effect {Carhuff et al. ‘291 - ¶ [0037]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 in view of Carhuff et al. ‘291 to obtain the invention as specified in claim 1.
Regarding claim 2, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place system assembly for the soft serve ice cream dispenser assembly of claim 1, Livingston et al. ‘381 disclose wherein the tank includes a water inlet having a water valve (46) coupled to a water source (43) and the tank including a drain valve (30) at an outlet (70) of the tank (as shown in Figs. 1B and 1C: Col 7, lines 42-47}.
Regarding claim 6, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place assembly for a soft serve ice cream dispenser assembly of claim 1, Livingston et al. ‘381 disclose wherein the clean in place control system (34) is communicatively coupled to a freezer control (26a)/28a) of the ice cream dispenser {see Col 8, lines 7-18}.
Regarding claim 7, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place assembly for a soft serve ice cream dispenser assembly of claim 1, Livingston et al. ‘381as modified by Carhuff et al. ‘291 further teach the limitation including a lock out mechanism (987a) disposed in the ice cream dispenser, the lock out mechanism connected to the clean in place control system {see Page 43, lines 4-10}.
Regarding claim 8, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place assembly for a soft serve ice cream dispenser assembly of claim 1, Livingston et al. ‘381 further disclose including a compartment (52a/54a) formed in the tank (40), the compartment including sanitizer disposed therein {as shown in annotated Fig. 1B: Col 8, lines 19-23; wherein both 52a and 54a supplies sanitizer to the compartment}.
Regarding claim 11, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place assembly for the soft serve ice cream dispenser assembly of claim 1, Livingston et al. ‘381 disclose wherein the tank is integrated within the ice cream dispenser {as shown in Fig. IB}.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Livingston et al. ‘381 and Carhuff et al. ‘291 as applied to claim 1 above, further in view of TAN et al. (English translated Chinese Pub No.: CN-103892711 A1), hereinafter referred to as TAN et al. ‘711.
Regarding claim 5, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place system assembly for a soft serve ice cream dispenser assembly of claim 1, EXCEPT for the limitation of wherein the tank includes a power connection, the power connection coupled to a power source for the heater and the power connection coupled to the clean in place control system.
TAN et al. ‘711 teach: the concept of the tank (11) includes a power connection, the power connection coupled to a power source (AC) for the heater (13) and the power connection coupled to the clean in place control system (15) {as shown in Fig. 9: Page 2, ¶ 1}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 as modified by Carhuff et al. ‘291 in view of TAN et al. ‘711 to include a power connection, the power connection coupled to a power source (AC) for the heater (13) and the power connection coupled to the clean in place control system, in order to facilitate control of the outlet water temperature, so as to avoid vaporization caused by too high temperature {TAN et al. ‘711 – Page 2, ¶ 1}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 as modified by Carhuff et al. ‘291 in view of TAN et al. ‘711 to obtain the invention as specified in claim 5.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Livingston et al. ‘381 and Carhuff et al. ‘291 as applied to claim 1 above, further in view of Koehl et al (U.S. PG Pub No.: 2020/0375214 A1), hereinafter referred to as Koehl et al ‘214; and in view of Laurisch et al (U.S. PG Pub No.: 2011/0108528 A1), hereinafter referred to as Laurisch et al ‘528.
Regarding claim 9, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place assembly for the soft serve ice cream dispenser assembly of claim 1, EXCEPT for the limitations of further including a nozzle disposed in the ice cream dispenser, and the nozzle is formed of a conductive metal material and includes a notch formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings.
Koehl et al ‘214 teach: the concept of a nozzle (200) disposed in the ice cream dispenser (10) {as shown in Figs. 4-5: ¶¶ [0004] and [0040-0041]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 in view of Koehl et al ‘214 so as to include the use of a nozzle disposed in the ice cream dispenser, in order to facilitate receiving of the cleaning fluid from the cleaning fluid reservoir through the cleaning fluid inlet {Koehl et al ‘214 –¶ [0004]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 as modified by Carhuff et al. ‘291 in view of Koehl et al ‘214 to obtain the invention as specified in claim 9.
Laurisch et al ‘528 teach: the concept of the nozzle (4) formed of a conductive metal material and includes a notch (4.15) formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings (4.16) {as shown in Fig. 1a: ¶¶ [0008] and [0063]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 as modified by Koehl et al ‘214 nozzle in view of Laurisch et al ‘528 to include the use of the nozzle formed of a conductive metal material and includes a notch formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings, in order to withstand the high thermal stress normally associated with nozzles {Laurisch et al ‘528 –¶ [0008]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 as modified by Koehl et al ‘214 in view of Laurisch et al ‘528 to obtain the invention as specified in claim 9.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Livingston et al. ‘381 and Carhuff et al. ‘291 as applied to claim 1 above, further in view of KIM (English Translated Chinese Pub No.: CN-107816829 A), hereinafter referred to as KIM ‘829.
Regarding claim 10, the combination of Livingston et al. ‘381 and Carhuff et al. ‘291 disclose and teach the clean in place assembly for the soft serve ice cream dispenser assembly of claim 1, EXCEPT for the limitation of wherein the clean in place control system is positioned on an exterior surface of the tank.
KIM ‘829 teaches: the concept of the control system (130) positioned on an exterior surface of the tank (111) {see Fig. 1: claim 1}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 in view of KIM ‘829 to include the clean in place control system is positioned on an exterior surface of the tank, in order to facilitate easy access and mitigation of short circuit}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 as modified by KIM ‘829 to obtain the invention as specified in claim 10.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Livingston et al. ‘381, in view of Koehl et al ‘214, further in view of Laurisch et al ‘528, and Carhuff et al. ‘291.
Regarding claim 20, Livingston et al. ‘381 disclose a clean in place assembly (18) for a soft serve ice cream dispenser assembly comprising: an ice cream dispenser (22) having a control system (50) and a user interface (110) {as shown in Figs. 1, 1C and 2: Col 5, lines 64 through Col 6, line 16}; a clean in place assembly (20) positioned within the ice cream dispenser, the clean in place assembly including: a tank (40) {as shown in Figs. 1, 1B, 1C: Col 7, lines 21-66}; a clean in place control system (34) communicatively coupled to the control system of the ice cream dispenser, wherein the clean in place control system is activated via interfacing with the user interface of the ice cream dispenser {as shown in Figs. 1C and Fig. 2: Col 1, lines 47-55; Col 2, lines 11-17; Col 7, line 48 through Col 8, line 6}.
However, Livingston et al. ‘381fail to disclose the limitations of the ice cream dispenser having a nozzle of the ice cream dispenser is formed of a conductive metal material and includes a notch formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings; and the tank including a heater disposed therein.
Koehl et al ‘214 teach: the concept of a nozzle (200) disposed in the ice cream dispenser (10) {as shown in Figs. 4-5: ¶¶ [0004] and [0040-0041]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 in view of Koehl et al ‘214 so as to include the use of a nozzle disposed in the ice cream dispenser, in order to facilitate receiving of the cleaning fluid from the cleaning fluid reservoir through the cleaning fluid inlet {Koehl et al ‘214 –¶ [0004]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 as modified by Carhuff et al. ‘291 in view of Koehl et al ‘214 to obtain the invention as specified in claim 20.
Laurisch et al ‘528 teach: the concept of the nozzle (4) formed of a conductive metal material and includes a notch (4.15) formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings (4.16) {as shown in Fig. 1a: ¶¶ [0008] and [0063]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 as modified by Koehl et al ‘214 nozzle in view of Laurisch et al ‘528 to include the use of the nozzle formed of a conductive metal material and includes a notch formed therein circumferentially about a portion of the nozzle and including radiused surfaces that extend to portions of the nozzle that house O-rings, in order to withstand the high thermal stress normally associated with nozzles {Laurisch et al ‘528 –¶ [0008]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 as modified by Koehl et al ‘214 in view of Laurisch et al ‘528 to obtain the invention as specified in claim 20.
Carhuff et al. ‘291 teach: the concept of the dispenser preferably includes the water supply and a heater {see ¶ [0037]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Livingston et al. ‘381 tank in view of Carhuff et al. ‘291 to include the use of a heater disposed therein, in order to facilitate a sanitizing effect {Carhuff et al. ‘291 - ¶ [0037]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Livingston et al. ‘381 in view of Carhuff et al. ‘291 to obtain the invention as specified in claim 20.
Allowable Subject Matter
5. Claims 3 and 4 are 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.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20130174875-A1 to Walker; Darrel Jay.
EP-1729875-B1 to GERBER ERNEST C.
GB-1465312-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
04/20/2026
/FRANTZ F JULES/ Supervisory Patent Examiner, Art Unit 3763
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