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 .
1. Claims 1-20 are presented for examination.
Claim Objections
2. Claims 1 and 14 are objected to because of the following informalities:
Claim 1, “first control module” should be “the first artificial intelligence control module”
Claim 14, between “a sixth input associated with a value representing an operating pressure of the heat exchanger fluid flowing out of the evaporator;” and “a seventh input associated with a value representing a degree of opening of the throttle element” should include the term “and” or “or”.
Applicant is advised that should claims 17-18 be found allowable, claims 17 and 18 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Appropriate correction is required.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims 1, 4, 8, 12, 15-18, the generic placeholder, “control module” coupled with the functional language, “configured to”; claims 7 and 9, the generic placeholder, “drive module” coupled with the functional language, “configured to”. The generic placeholder “module” is not modified by sufficient structure.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4, 7-9, 12 and 15-18 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
As described above, the disclosure does not provide adequate structure to perform the claimed function of “control module” and “drive module”. The term “module” does not provide any indication of structure, and the word “module” acts as a generic placeholder for the term “means. The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
5. 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 1-20 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 limitations “module” in claims 1, 4, 7-9, 12, 15-18, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The specification is devoid of adequate structure to perform the claimed function. In particular, the specification states the claimed functions as stated above. There is no disclosure of any structure, either explicitly or inherently, to perform “…module”.
There is no disclosure of any structure, either explicitly or inherently, to perform apply, determine, determining, control, define, generate, store, and adjust. The use of those terms is not adequate structure for performing the functions as listed because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 1, recites the limitation " the first control module " in line 13 and 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 4, the phrase “thereby performing what is known as "early classification”” is unclear and vague, clarification requested.
The term “improve the accuracy” in claim 4 is a relative term which renders the claim indefinite. The term “improve the accuracy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1, the term “them” is unclear and vague since what “them” represents, does not define the metes and bounds.
Claim 11, the term “it” is unclear and vague since what “it” represents, does not define the metes and bounds.
Claims 17-18, the term “their” is unclear and vague since what “their” represents, does not define the metes and bounds.
Claim 19, the term “likelihood” is unclear and vague since what “their” represents, does not define the metes and bounds.
Claim 17-18, the phrase “base ingredient” is unclear, vague, or ambiguous and does not define the metes and bounds. Since such term is not a standard, a person of ordinary skill in the art could not understand about the scope of the invention.
As per claim 2-19, these claims are at least rejected for their dependencies, directly or indirectly, on rejection of claim 1. They are therefore rejected as set forth above.
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.
6. 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.
6.1 Claim(s) 1-8, 11-13 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cocchi (US 20090191318 A1) in view of Cocchi (US 20220322695 A1).
Regarding claim 1, Cocchi (US 20090191318 A1) discloses machine for making liquid or semiliquid or semisolid food products (Abstract, a machine for the treatment of liquid and semi-liquid food mixtures comprises a mixture whipping and freezing/heating tank); comprising:
a processing container for processing base products (Abstract, a circuit 6 for cooling and/or heating basic products of which the mixture consists);
a stirrer adapted to mix products inside the processing container that processes the base products (Abstract, a mixer 4 rotating inside the tank 3 to mix the basic products);
a thermal treatment system (freezing/heating unit) configured to exchange heat with the processing container that processes the base products ([0008], During product processing, the temperature of the tank or whipping and freezing/heating unit must vary, increasing, for the preparation of creams, or reducing, for the preparation of ice creams);
a control unit (control unit 11), connected to the thermal treatment system ([0006], [0036], Fig. 1, controls the rotation of the mixing blades and a second motor, also preferably electric, drives a compressor which is part of the heating and/or cooling means) and to the stirrer to drive them ([0067], with the control unit which regulates the electric motor speed of rotation);
at least one sensor (a plurality of level and temperature sensors 14), configured to detect an operating parameter of the machine ([0038], [0050], temperature sensors 14 present in the tank 3. In addition to said sensors, inside the whipping and freezing/heating unit 3 there may also be a dosing device 15 designed to measure the quantity of basic products introduced into the tank 3); and
a drive module (actuator device 12) connected to the output of the first control module ([0033], [0034], the control unit 11 comprises an actuator device 12) and at least to the thermal treatment system ([0008], The cooling and/or heating circuit 6 or freezing/heating unit) and to the stirrer ([0058], Abstract, the speed of rotation of the motor) to regulate at least one operating parameter relating to the thermal treatment system and to the stirrer as a function of the value of the at least one output of the first control module ([0061], [0050], [0037],[0008], Abstract, the electronic board 13, using a program installed in the microprocessor can select the most suitable type of power to send from the actuator device 12 to the electric motor 18 acting on the compressor 7; the speed of rotation of the motor which controls the mixer is also regulated, with a second activation device dedicated to controlling only the mixer speed of rotation).
Cocchi (US 20090191318 A1) fails to disclose a first artificial intelligence control module, configured to define a pre-trained classifier having at least one input and at least one output, where the at least one input is connected to the sensor.
However, Cocchi (US 20220322695 A1) discloses a first artificial intelligence control module ([0019], [0085], an artificial intelligence algorithm), configured to define a pre-trained classifier ([0020], [0031], [0036], computer algorithm (classifier) configured to modify (retrained) operating configuration based on a set of experimental data presented to it, control unit 11 is configured to assess the shape and/or the color (classify) and/or the surface aspect of the food product P (preferably based on the image captured) having at least one input (claim 7, an input of the neural network) and at least one output (claim 7, an output of the neural network), where the at least one input is connected to the sensor ([0014], [0023], at least one sensor device S, the sensor device S being adapted to detect at least one parameter, the sensor device S comprises one or more of the following elements: a weight sensor 7 for detecting the weight of the food product; a temperature sensor 8 for detecting the temperature of the food product).
Cocchi (US 20220322695 A1) and Cocchi (US 20090191318 A1) are analogous art. They relate to Liquid or Semi-liquid Food Mixtures. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify machine for the treatment of liquid and semi-liquid food mixtures, taught by Cocchi (US 20090191318 A1), incorporated with controlling the quality of a food product, taught by Cocchi (US 20220322695 A1), in order to produce a machine and a method for the treatment of liquid and semi-liquid food mixtures able to prepare a quantity of mixture which can be varied as required between a minimum and a maximum, always operating in optimum conditions and controlling the quality of food products.
Regarding claims 2, Cocchi (US 20220322695 A1) discloses the first control module (control module 14) comprises a plurality of inputs ([0023],[0033], [0105], control unit 11 is configured detected by one or more sensors (inputs); sensor devices comprises a step of running an algorithm a machine learning algorithm) in a self-learning mode, wherein input for the algorithm in the self-learning mode is the value).
Regarding claim 3, Cocchi (US 20220322695 A1) discloses at least one output of the first control module (a control 14) represents a classification of a mixture of the base products ([0018], [0019], [0030], the quality control module 14 comprises a communication module 12 connected to the processing and control unit 11 and configured to transmit (output) information relating to the derived quality indication (classification of mixture) the processing and control unit 11 comprises an artificial intelligence algorithm configured to derive a quality indication of the food product P based on the value detected by the sensor device S and recognize the type of food product based on the at least one image captured).
Regarding claim 4, Cocchi (US 20090191318 A1) discloses the first control module (a control unit 11) is configured to perform a classification at a plurality of time intervals included between the start and the end of processing ([0008], an inadequate mixing speed may irreversibly compromise the success of the end-product. The temperature reached by the mixture in a predetermined time interval and the level of softness also depend on the quantity of mixture treated), thereby performing what is known as "early classification", and by iterative refinement at different time intervals, to gradually improve the accuracy of the classification ([0037], the machine may have a communication interface 19 allowing an operator to make suitable selections or enter correct settings (it is the same as time interval to start and stop), for example relating to the type of basic products (it is the same as a classification) inserted and therefore information about the quality and composition of the mixture being processed (whether or not it contains fruit, creams, chocolate, etc.). Based on said values, the electronic board 13, using a program installed in the microprocessor, can select the most suitable type of power to send from the actuator device 12 to the electric motor 18 acting on the compressor 7).
Regarding claim 5, Cocchi (US 20220322695 A1) discloses the first control module (control module 14) comprises a neural network ([0021] The algorithm might, by way of non-exhaustive example, be a neural network) comprising a plurality of layers ([0038], the artificial intelligence algorithm is a machine learning algorithm and comprises a neural network) and having a plurality of inputs[0023] the sensor device S comprises one or more of the following elements: a weight sensor 7 (input) for detecting the weight of the food product; a temperature sensor 8 (input) for detecting the temperature of the food product).
Regarding claim 6, Cocchi (US 20220322695 A1) discloses a second control module (the quality control module 14), connected to the at least one sensor (Abstract, control unit connected to the sensor device), configured for processing and/or detecting faults based on the data of the at least one sensor (Abstract,[0019], receiving the detected value regarding a property of a food product; the processing unit is configured to derive a quality indication of the food product based on the value detected by the sensor device), the second control module having at least a first control output connected to the drive module ([0043], [0048],[0064], a control unit 106 that controls the at least one actuator (104, 116), and the motor is connected to the processing and control unit 106).
Regarding claim 7, Cocchi (US 20090191318 A1) discloses the drive module( electric motor 18) is configured to regulate at least one operating parameter (Abstract, electric motor 18 for regulating the compressor operating speed and varying the thermal power supplied by the compressor 7 according to at least the quantity of mixture treated) relating to the thermal treatment system (Abstract, a mixture whipping and freezing/heating tank 3, a circuit 6 for cooling and/or heating basic products) and/or to the stirrer (a mixer 4) rotating inside the tank 3 to mix the basic products) as a function of the value of the output of the first control module (Abstract, [0006], [0008], control unit 11 for the speed of rotation of the compressor 7) and of the value of the output of the second control module ([0054], FIG. 5, the control unit 11 also acts on the electric motor, which controls the mixer 4; the control unit 11 comprises a second actuator device 19, to the first already described, designed to regulate the speed of rotation of the electric motor which controls the mixer 4).
Regarding claim 8, Cocchi (US 20090191318 A1) discloses the second control module (the control device 12) further comprises a second control output, connected to one of the inputs of the first control module to transmit control information to the first control module ([0035], control unit 11, feedback control of the absolute position of the electric motor 18 rotor, the signal relating to this information is sent by the motor 18 to the control device 12; and [0036]-[0037], The control unit 11 also comprises an electronic board 13 with a microprocessor, for receiving the electric signals indicating the quantity of mixture present in the tank 3, its temperature and consistency (i.e.: mixer 4 motor current draw) according to the whipping and freezing/heating time).
Regarding claim 11, Cocchi (US 20090191318 A1) discloses the sensor is configured to detect a value pertaining to the power supply of a motor ([0039], [0050], thermal power to be removed from or supplied to the whipping and freezing/heating tank and the quantity of end product obtained. In other words, with the control unit which regulates the electric motor speed of rotation, the machine is always able to operate in optimum conditions irrespective of the quantity of mixture to be treated) connected to the stirrer to drive it ([0050] Fig. 2, The level and temperatures sensors 14, the dosing device 15, able to measure the quantity of product introduced into the tank 3, and the device 19, designed to identify the composition of the mixture, send the information relating to the quantity and quality of the mixture present in the tank 3).
Regarding claim 12, Cocchi (US 20090191318 A1) discloses the second control module is configured to derive, from the value pertaining to the power supply of a motor ([0032], [0037]-[0039], [0053], thermal power to be removed from or supplied to the whipping and freezing/heating tank and the quantity of end product obtained. In other words, with the control unit which regulates the electric motor speed of rotation, the machine is always able to operate in optimum conditions irrespective of the quantity of mixture to be treated. Based on said values, the electronic board 13, using a program installed in the microprocessor, can select the most suitable type of power to send from the actuator device 12 to the electric motor 18 acting on the compressor), and Cocchi (US 20220322695 A1) discloses a parameter associated with the consistency and/or viscosity of the product being processed in the container ([0032], [0080], [0102] Preferably, the parameter regarding base ingredients of the food product comprises one or more of the following values: weight, color, form, consistency, viscosity, transparency, volume, chemical composition, air humidity, air temperature; control unit 11 is configured, to compare the value of the parameter detected by one or more sensors with stored parameter values (and, if the apparatus 3 can work with two or more products and is configured to recognize the product, preferably relating to the recognized type).
Regarding claim 13, Cocchi (US 20090191318 A1) discloses the parameter associated with the consistency and/or viscosity of the product being processed in the container ([0036], microprocessor, for receiving the electric signals indicating the quantity of mixture present in the tank 3, its temperature and consistency (i.e.: mixer 4 motor current draw) according to the whipping and freezing/heating time). is included between a minimum value, corresponding to a product to be processed, and a maximum value, corresponding to a finished product ([0009]-[0010], an aim to produce a machine and a method for the treatment of liquid and semi-liquid food mixtures able to prepare a quantity of mixture which can be varied as required between a minimum and a maximum, always operating in optimum conditions).
Regarding claims 14, Cocchi (US 20220322695 A1) discloses the inputs of the first control module (a quality control module 14) comprise one or more of the following inputs: a first input associated with a value representing a consistency and/or viscosity of the product being processed in the container ([0102], the parameter regarding base ingredients of the food product comprises one or more of the following values: weight, color, form, consistency, viscosity, transparency, volume, chemical composition, air humidity, air temperature); a third input associated with a value representing an operating temperature of the heat exchanger fluid flowing into the evaporator associated with the container ([0007] If the outside ambient temperature is high, the heat exchanger would be able to exchange a reduced quantity of heat with the outside environment at the evaporator); a fourth input associated with a value representing an operating temperature of the heat exchanger fluid flowing out of the evaporator associated with the container ([0051],[0098], the temperature of the primary heat exchanger fluid downstream of the evaporator 102 the evaporator 102 is operatively coupled to the container 2, thus allowing heat to be exchanged between the primary heat exchanger fluid and the product being processed inside the container 2); a fifth input associated with a value representing an operating pressure of the heat exchanger fluid flowing out of the compressor ([0005], the refrigeration system comprises a compressor, which increases the pressure of the heat exchanger fluid); a sixth input associated with a value representing an operating pressure of the heat exchanger fluid flowing out of the evaporator ([0005], the pressure of the heat exchanger fluid and an evaporator which draws heat from the product to be dispensed to transfer it to the heat exchanger fluid); a seventh input associated with a value representing a degree of opening of the throttle element ([0093] the temperature of the primary heat exchanger fluid upstream of the throttle element 105); and Cocchi (US 20090191318 A1), a second input associated with a value representing an operating temperature of the container ([0009], the temperature of the container and the continuous mixing action cause a change in the physical state).
Regarding claim 20, Cocchi (US 20090191318 A1) discloses method for controlling a machine for making liquid or semiliquid food products (Abstract, a machine for the treatment of liquid and semi-liquid food mixtures comprises a mixture whipping and freezing/heating tank), comprising the following steps:
providing a machine for making liquid or semiliquid food products (Abstract, a machine for the treatment of liquid and semi-liquid food mixtures), having:
a processing container ([0003], container or tank) for processing base products ([0003], Machines of the type described above comprise a container or tank for the food product or mixture to be treated);
a stirrer (mixer 4) adapted to mix products inside the processing container that processes the base products (Abstract, mixer 4 rotating inside the tank 3 to mix the basic products);
a thermal treatment system (Abstract, [0021], [0022], [0039], a circuit 6 for cooling and/or heating), configured to exchange heat with the processing container that processes the base products (Abstract, [0019], freezing/heating tank, a circuit for cooling and/or heating basic products of which the mixture consists);
at least one sensor (level and temperatures sensors 14), configured to detect an operating parameter of the machine ([0050], the level and temperatures sensors 14, the dosing device 15, able to measure the quantity of product introduced into the tank 3, and the device 19, designed to identify the composition of the mixture, send the information relating to the quantity and quality of the mixture present in the tank 3);
feeding a mixture to the container and starting the processing cycle [0049], during a normal machine 1 production cycle, after introducing all of the basic products of which the mixture consists into the tank 3, the mixer 4 and the cooling and/or heating circuit 6 are activated); and
driving (actuator device 12) at least the thermal treatment system ([0008], The cooling and/or heating circuit 6 or freezing/heating unit) and/or the stirrer (Abstract, [0058] the speed of rotation of the motor) to regulate at least one operating parameter relating to the thermal treatment system and/or to the stirrer(mixer 4) as a function of the value of the at least one output of the first ([0061], [0050], [0037],[0008], Abstract, the electronic board 13, using a program installed in the microprocessor can select the most suitable type of power to send from the actuator device 12 to the electric motor 18 acting on the compressor 7; the speed of rotation of the motor which controls the mixer is also regulated, with a second activation device dedicated to controlling only the mixer speed of rotation).
Cocchi (US 20090191318 A1) fails to disclose providing a first artificial intelligence control module configured to define a classifier having at least one input and at least one output, where the at least one input is connected to the at least one sensor; and training the first artificial intelligence control module based on the processing of different mixtures inside the container, so as to obtain a first, trained control module.
However, Cocchi (US 20220322695 A1) discloses providing a first artificial intelligence control module ([0019], [0085], an artificial intelligence algorithm), configured to define a classifier having at least one input ([0020], [0031], [0036], computer algorithm (classifier) configured to modify (retrained) operating configuration based on a set of experimental data presented to it, control unit 11 is configured to assess the shape and/or the color (classify) and/or the surface aspect of the food product P (preferably based on the image captured) and at least one output (claim 7, an output of the neural network), where the at least one input is connected to the at least one sensor ([0014], [0023],[0033], at least one sensor device S, the sensor device S being adapted to detect at least one parameter, the sensor device S comprises one or more of the following elements: a weight sensor 7 for detecting the weight of the food product; a temperature sensor 8 for detecting the temperature of the food product); and
training the first artificial intelligence control module based on the processing of different mixtures inside the container, so as to obtain a first, trained control module ([0033], [0036], [0058], [105], Fig. 3, the artificial intelligence algorithm is a machine learning algorithm and the processing and control unit 11 is configured to perform a self-learning process in which each food product P for which the sensor device has detected the at least one parameter relating to a property of a food product P to mix the product inside the treatment chamber 100).
Cocchi (US 20220322695 A1) and Cocchi (US 20090191318 A1) are analogous art. They relate to Liquid or Semi-liquid Food Mixtures. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify machine for the treatment of liquid and semi-liquid food mixtures, taught by Cocchi (US 20090191318 A1), incorporated with controlling the quality of a food product, taught by Cocchi (US 20220322695 A1), in order to produce a machine and a method for the treatment of liquid and semi-liquid food mixtures able to prepare a quantity of mixture which can be varied as required between a minimum and a maximum, always operating in optimum conditions and controlling the quality of food products.
6.2 Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cocchi (US 20090191318 A1) in view of Cocchi (US 20220322695 A1) further in view of Tang et al. (US 20200397188 A1)
Regarding claims 15-19, the combination of Cocchi (US 20090191318 A1) in view of Cocchi (US 20220322695 A1) discloses the limitations of claims 1 and 14, but fail to disclose the limitations of claims 15-19, However, Tang discloses the limitations of claims 15-19 as follows:
Regarding claim 15, Tang discloses the first control module is configured to classify ([0005], identification module determines 120) the mixture based on the balance ([0117], a rule is applied to select pairing food ingredient with an ingredient identification module 40, a processing unit determines 130) of the ingredients in the mixture being processed in the container (Abstract, ], a blender, mixer, or juicer processes a food product based upon a rule is applied to select pairing food ingredient with an ingredient identification module 40; and a processing unit determines 130 a processing protocol for processing the first food product, wherein determination of the processing protocol comprises utilization of the determined dominant sugar in the first food product) at least between a balanced class, corresponding to a mixture being processed which is balanced with respect to one or more ingredients ([0012], [0013], [0112], a blender, mixer, or juicer processes a food product based upon whether fructose or sucrose is the dominant sugar in the food product. In has been found that different additional foods and/or fluids and/or salty solutions can be added to food products and/or the food product processed at temperatures to provide processed foods with a healthy amount of sugar, and the food processor automatically determines how that food product is to be processed based on the dominant sugar in that food product. To put this another way, foods can be paired to provide a healthy juice or smoothie or mixture that does not sacrifice the taste perception), and an unbalanced class ( , corresponding to a mixture being processed which is unbalanced with respect to one or more ingredients ([0112], [0117], determined to add an amount of water to the product to bring the sugar concentration down to x.sub.4 and the acid concentration down); the at least one output of the first control module representing the classification of the mixture being processed in the container (using a camera that detects an image of food or pulp, or information can be from a user of information about the food type using a input unit of the ingredient identification module 40, such as a keypad and providing output using sensing module, [0084], one sensor comprises a sweetness sensor configured to determine a sweetness level of the first food product, and wherein the sensing data comprises the sweetness level, output).
Regarding claim 16, Tang discloses the first control module is configured to perform a multiclass classification ([0100] Foods contains acids (especially citric acid), sweetness perception enhancement module, sugar concentration in the combined smoothie/juice) of the mixture based on the balance([0098], rules are will be applied with respect to processing of the food product and what additional food) of the ingredients in the mixture being processed in the container ([0010], [0110], Fig. 3, The food processing means is configured to process the foods held in the food chamber); the first control module (a processing unit determines 130) comprising a plurality of outputs ([0084], providing output using sensing module; one sensor comprises a sweetness sensor configured to determine a sweetness level of the first food product, and wherein the sensing data comprises the sweetness level, output).
Regarding claims 17-18, Tang discloses the outputs of the first control module, in their entirety, are associated with two or more of the following classes of mixture being processed: product being processed in the container is balanced with respect to at least one base ingredient ([0011], [0138], recommended ingredients/food that are good for sweetness perception enhancement, organic, the addition of a fruit type and one or more vegetable types); product being processed in the container is unbalanced with respect to the water ingredient ([0011], the addition of water or other fluids to the first food product); product being processed in the container is unbalanced with respect to the fats; product being processed in the container is unbalanced with respect to the sugar (add sugar, honey or sugar-rich fruit/vegetables to a food product to be blended).
Regarding claim 19, Tang discloses each output provides a numeric value included between a minimum value and a maximum value (Table 2), representing the likelihood that the product being processed in the container corresponds to the preset class([0112]-[005], Table 2, the number of additional food ingredients can be ≥0, a starting ingredient of carrot, the sugar concentration in the smoothie/juice with the pairing ingredients can be determined to be x.sub.1. It is determined to add an amount of water to the product to bring the sugar concentration down to x.sub.2. At the same time, for example it is determined to add salt such that the concentration is 30 mg per 100 g of smoothie/juice).
Tang, Cocchi (US 20220322695 A1) and Cocchi (US 20090191318 A1) are analogous art. They relate to Liquid or Semi-liquid Food Mixtures. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify a food processor, taught by Tang, incorporated with the teaching of Cocchi (US 20090191318 A1) and Cocchi (US 20220322695 A1), as stated above, in order to provide the required taste, without having to resort to additional sugar rich products by selecting an optimum fruit and vegetable pairings to be processed with the food product.
Citation Pertinent prior art
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tassl et al. (US 20210274806 A1) discloses a machine for making ice cream includes a first transfer channel configured to transfer a base product from a processing container to a dispensing section; a second transfer channel configured to transfer additional product from a feed device to the dispensing section.
Ashworth (US 20030150235 A1) discloses a frozen confectionery maker includes a container having a cavity in its walls and base for receiving freezable solutions. There is a lid for closing the container and a mixer rotatably engageable with the lid to locate within the container.
Sun (US20220296044A1) discloses a food processing apparatus for preparing a fluid food product includes a food processing chamber including a blade arrangement driven by a motor; a particle sensor arranged to measure an actual particle size within said fluid food product in said food processing chamber and a controller arranged to control the motor.
Noth (US 20150289539 A) discloses beverage dispensing machine and a method for preparing and dispensing iced beverages. In particular, the machine of the present invention is composed of three distinct product zones for storing, cooling, and dispensing an iced beverage.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. The examiner can normally be reached on Mon-Fri 9am to 5pm, ET.
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/KIDEST WORKU/ Primary Examiner, Art Unit 2119
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