DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim(s) 1 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (JP2013102786A).
Regarding claim 1, Abe discloses a drink maker (see figures 1-7) comprising:
a mixing vessel (the mixing case 12) configured to receive a drink product, wherein the drink product is mixed within the mixing vessel (12; see figure 2);
a cooling circuit (the refrigeration circuit) configured to cool the drink product within the mixing vessel (12; paragraph 4 of page 3); and
a housing comprising at least one ventilation panel (20; see figures 1-3 and 6), the at least one ventilation panel (20) comprising:
at least one array of holes (20a) configured to permit airflow to ventilate the housing (see figures 1-3 and 6); and
at least one baffling (20a1) proximate to an interior surface of the at least one ventilation panel (20), the at least one baffling (20a1) configured to at least partly occlude a set of holes (20a) in the at least one array of holes (20a; see figure 6).
Regarding claim 20, Abe discloses the drink maker further comprising a cooling fan (24) positioned in the housing (see figure 3), the cooling fan (24) configured to draw airflow through a rear panel (the side portion 25b) of the housing and push airflow out of the housing through the at least one array of holes (20a) in the at least one ventilation panel (20; see figure 3).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe in view of He et al. (9,763,462).
Regarding claim 2, Abe fails to disclose the at least one array of holes comprises a two-dimensional array of holes across a surface of the at least one ventilation panel.
He teaches a drink maker comprising at least one array of holes (10601) comprises a two-dimensional array of holes across a surface of at least one ventilation panel (106; see figure 1).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the drink maker of Abe to incorporate the claimed two-dimensional array of holes as taught by He in order to increase the amount of airflow and improve distribution of airflow though the ventilation panel.
Claim(s) 11-13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe.
Regarding claim 11, Abe fails to disclose each hole of the at least one array of holes has a substantially circular cross-section.
Though Abe fails to disclose the claimed a substantially circular cross-section, the disclosure of Abe meets the general condition of the claimed holes which are used for air ventilation. Therefore, it would have been obvious to one having ordinary skill in the art that the claimed substantially circular cross-section is just matter of design choice which can be achieved by changing in shape (see MPEP 2144.04 section B).
Regarding claim 12, Abe discloses at least certain percentage of holes of the at least one array of holes (20a) are at least partly occluded by the at least one baffling (20a1; see figure 6).
Though Abe fails to disclose the claimed at least 50%, Abe’s disclosure meets the general condition of the claimed feature that at least certain percentage of holes of the at least one array of holes (20a) are at least partly occluded by the at least one baffling (20a1; see figure 6). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention that the claimed at least 50% is just a matter of obviousness of similar or overlapping ranges which can be optimized through routine experimentation (see MPEP 2144.05 section II-A).
Regarding claim 13, Abe fails to disclose at least certain percentage of holes of the at least one array of holes (20a) are at least partly occluded by the at least one baffling (20a1; see figure 6).
Though Abe fails to disclose the claimed at least 75%, Abe’s disclosure meets the general condition of the claimed feature that at least certain percentage of holes of the at least one array of holes (20a) are at least partly occluded by the at least one baffling (20a1; see figure 6). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention that the claimed at least 75% is just a matter of obviousness of similar or overlapping ranges which can be optimized through routine experimentation (see MPEP 2144.05 section II-A).
Regarding claim 19, Abe discloses a total cross-sectional area of the at least one array of holes (20a) is at least certain percentage of a total cross-sectional area of the at least one ventilation panel (20; see figure 6).
Though Abe fails to disclose the claimed at least 20%, Abe’s disclosure meets the general condition of the claimed feature that total cross-sectional area of the at least one array of holes is at least certain percentage of a total cross-sectional area of the at least one ventilation panel (see figure 6). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention that the claimed at least 20% is just a matter of obviousness of similar or overlapping ranges which can be optimized through routine experimentation (see MPEP 2144.05 section II-A).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe in view of Zhang (CN218892950U).
Regarding claim 17, Abe discloses the at least one baffling (20a1) and the panel (20) are formed of a material configured to at least one of reflect or absorb sound energy from inside the housing (see figure 6).
However, Abe fails to disclose at least one baffling (20a1) is formed of at least one of plastic or elastomeric material.
Zhang teaches a packing box comprising a box body frame 1 which is provided with ventilation mechanism (3). Wherein the box body frame (1) is a porous plastic material (paragraph 4 of page 3 and paragraph 2 of page 4).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the drink maker of Abe to substitute the material of baffling and panel of Abe with the claimed plastic material as taught by Zhang in order to obtain a predictable or similar result which to absorb sound or noise (see MPEP 2143 section B).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe in view of Liu (CN210092302U).
Regarding claim 18, Abe discloses the at least one baffling (20a1) is formed of a material configured to reduce liquid penetration through the at least one ventilation panel (20; see figure 6).
However, Abe fails to discloses the at least one baffling (20a1) is formed of a water-resistant material.
Liu teaches a filter with waterproof ventilation structure comprising a ventilation panel (2) and openings (201) which is formed of a waterproof structure (abstract and paragraph 3 of page 5; see figures 1-4).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the drink maker of Abe to substitute the material of baffling and panel of Abe with the claimed waterproof or water-resistant material as taught by Liu in order to obtain a predictable or similar result which to provide waterproof for the inside of the drink maker (see MPEP 2143 section B).
Allowable Subject Matter
Claims 3-10 and 14-16 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.
The following is a statement of reasons for the indication of allowable subject matter:
The primary reference Abe taken alone or in combination fails to disclose the claimed ventilation structure detail of the drink maker as required in claims 3-10 and 14-16. Also, the prior art of record fails to provide further teachings or motivations to modify the drink maker of Abe in order to arrive the claim invention. Therefore, claims 3-10 and 14-16 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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