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 Objections
Claim 18 objected to because of the following informalities:
Claim 18 recites the limitation “selective attachment” which should be written as --selectively attachable--.
Appropriate correction is required.
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) 9 and 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US2006043222).
Re Claim 9, Lee discloses an ice maker system (“an ice-scraping machine” [0012]) comprising:
an ice shaver module (see Fig. 3 of Lee illustrated below) comprising:
a gear box (see Fig. 3 of Lee, illustrated below, part of motor holder 20 that contains transmission gear unit 202);
a shaver motor (motor 201); and
a plunger mechanism (see Fig. 3 of Lee, illustrated below); and
an ice reservoir (ice container 10);
wherein the plunger mechanism further comprises a shaft (shaft 21), and wherein the shaft extends into the gear box (Fig. 3 of Lee, illustrated below, shows overlap between the gear box and the shaft of the plunger mechanism).
Re Claim 12, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), wherein the shaver motor (motor 201) is configured to activate the gear box (“press rod 260 will move downward to press the trigger switch 200 of the machine body 2 to start the motor 201 to drive the transmission gear unit 202 to rotate” [0017]).
Re Claim 13, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), wherein a lower portion of the plunger mechanism further comprises a shaver plate (ice-pressing rotary disk 22).
Re Claim 14, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), wherein the plunger mechanism is configured to rotate in a circular motion (“press rod 260 will move downward to press the trigger switch 200 of the machine body 2 to start the motor 201 to drive the transmission gear unit 202 to rotate and actuate the rotating shaft 21 to rotate together with the ice-pressing rotary disk 22” [0017]).
Re Claim 15, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), wherein a spring (spring 27) of the plunger mechanism (see Fig. 3 of Lee, illustrated above) is configured to force the plunger mechanism in a downward direction (Fig. 4).
Re Claim 16, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), further comprising a shaver blade (scraper 110) positioned at a bottom end of the ice maker system (Fig. 4), and wherein the shaver blade is configured to shave ice (“the scraper 110 on the scraper disk 11 at the bottom of the ice container 10 will synchronously carry out ice scraping” [0017]) before it exits through an opening at the bottom end of the ice maker system (Fig. 1).
Re Claim 17, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), wherein the ice maker system is configured to engage with a lid (machine body 2, ice maker system engaged with the lid by being integral with machine body 2) that is selectively attachable to the ice maker system (“machine body 2 is covered around the ice container 10, letting the elongate projections 12 on the outer side of the ice container 10 engaged with the engage rib 25 on the inner wall of the machine body 2” [0017]).
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Fig. 3 of Lee, illustrated
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.
Claim(s) 1-8, 10-11, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US2006/043222) in view of Mitsubayahi et al. (US 4,786,002), hereinafter referred to as Mitsubayashi.
Re Claim 1, Lee discloses
an ice maker system (“an ice-scraping machine” [0012]) comprising:
an ice shaver module (see Fig. 3 illustrated above); and
an ice reservoir (ice container 10); and
wherein a shaft (shaft 21) of a plunger mechanism of the ice shaver module extends into a gear box of the ice shaver module (Fig. 3 of Lee, illustrated above, shows overlap between the gear box and the shaft of the plunger mechanism).
Lee fails to disclose a drink maker system comprising an ice maker system comprising: an ice shaver module; and an ice reservoir; and a blender system; wherein the ice maker system is positioned substantially on top of the blender system, and wherein a shaft of a plunger mechanism of the ice shaver module extends into a gear box of the ice shaver module.
Mitsubayashi teaches a drink maker system (An apparatus of making a soft ice-drink) comprising an ice maker system (“an ice-scraping machine” [0012]) comprising: an ice shaver module (see Fig. 3 of Mitsubayashi illustrated below); and an ice reservoir (reservoir 35); and a blender system (see Fig. 3 of Mitsubayashi illustrated below); wherein the ice maker system is positioned substantially on top of the blender system (see Fig. 3 of Mitsubayashi illustrated below) in order to have the shaved particles fall from the shaving assembly into blender system (“shaved ice can automatically be discharged into the container of the mixing mechanism through the discharge chute of the ice shaving mechanism” Col. 2, Line 9-12) in order to create a frozen drink mixture (“since in this method of the present invention ice blocks are shaved into shaved ice pieces and discharged into the container containing the liquid material such as syrup and the ice pieces and liquid material are mixed together by the high-speed rotary blades to form the mixture in which the shave ice pieces are smashed into ice granules while are is entrained during mixing to bubble the mixture, a very soft, conventionally non-existent drink can be prepared which is removed of iced pieces and is cold and comfortable to the tongue” Col. 1, Lines 50-60)
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Fig. 3 of Mitsubayashi, illustrated
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ice maker system of Lee by adding the blender system as taught by Mitsubayashi where the receptacle of Lee (see Fig. 1 of Lee, illustrated below) currently is in order to make a frozen drink that comfortable to the tongue as taught by Mitsubayashi (“since in this method of the present invention ice blocks are shaved into shaved ice pieces and discharged into the container containing the liquid material such as syrup and the ice pieces and liquid material are mixed together by the high-speed rotary blades to form the mixture in which the shave ice pieces are smashed into ice granules while are is entrained during mixing to bubble the mixture, a very soft, conventionally non-existent drink can be prepared which is removed of iced pieces and is cold and comfortable to the tongue” Col. 1, Lines 50-60).
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Fig. 1 of Lee, illustrated
Re Claim 2, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 1 (see rejection of claim 1 above), and Lee further discloses that the ice shaver module further comprises a shaver motor (motor 201) configured to activate the gear box (“press rod 260 will move downward to press the trigger switch 200 of the machine body 2 to start the motor 201 to drive the transmission gear unit 202 to rotate” [0017]).
Re Claim 3, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 1 (see rejection of claim 1 above), and Lee further discloses that a lower portion of the plunger mechanism further comprises a shaver plate (ice-pressing rotary disk 22).
Re Claim 4, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 1 (see rejection of claim 1 above), and Lee further discloses that the plunger mechanism is configured to rotate in a circular motion (“press rod 260 will move downward to press the trigger switch 200 of the machine body 2 to start the motor 201 to drive the transmission gear unit 202 to rotate and actuate the rotating shaft 21 to rotate together with the ice-pressing rotary disk 22” [0017]).
Re Claim 5, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 1 (see rejection of claim 1 above), and Lee further discloses that a spring of the plunger mechanism (spring 27) is configured to force the plunger mechanism in a downward direction (Fig. 3).
Re Claim 6, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 1 (see rejection of claim 1 above), and Lee further discloses that the ice maker system further comprises a shaver blade (scrapper 110) positioned at a bottom end of the ice maker system (Fig. 4).
Re Claim 7, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 6 (see rejection of claim 6 above), and Lee further discloses that the shaver blade is configured to shave ice (“the scraper 110 on the scraper disk 11 at the bottom of the ice container 10 will synchronously carry out ice scraping” [0017]) before it exits through an opening at the bottom end of the ice maker system (Fig. 1).
Re Claim 8, Lee, in view of Mitsubayashi, discloses the drink maker system of claim 1 (see rejection of claim 1 above), and Lee further discloses that a lid (machine body 2, ice maker system engaged with the lid by being integral with machine body 2) that is selectively attachable to the ice maker system (“machine body 2 is covered around the ice container 10, letting the elongate projections 12 on the outer side of the ice container 10 engaged with the engage rib 25 on the inner wall of the machine body 2” [0017]).
Re Claim 10, Lee discloses the ice maker system of claim 9 (see rejection of claim 9 above), but fails to disclose that the ice maker system is configured to engage with a blender system.
Mitsubayashi teaches a drink maker system (An apparatus of making a soft ice-drink) comprising an ice maker system (“an ice-scraping machine” [0012]) comprising: an ice shaver module (see Fig. 3 of Mitsubayashi illustrated above); and an ice reservoir (reservoir 35); and a blender system (see Fig. 3 of Mitsubayashi illustrated above); wherein the ice maker system is positioned substantially on top of the blender system (see Fig. 3 of Mitsubayashi illustrated above) in order to have the shaved particles fall from the shaving assembly into blender system (“shaved ice can automatically be discharged into the container of the mixing mechanism through the discharge chute of the ice shaving mechanism” Col. 2, Line 9-12) in order to create a frozen drink mixture (“since in this method of the present invention ice blocks are shaved into shaved ice pieces and discharged into the container containing the liquid material such as syrup and the ice pieces and liquid material are mixed together by the high-speed rotary blades to form the mixture in which the shave ice pieces are smashed into ice granules while are is entrained during mixing to bubble the mixture, a very soft, conventionally non-existent drink can be prepared which is removed of iced pieces and is cold and comfortable to the tongue” Col. 1, Lines 50-60)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ice maker system of Lee by adding the blender system as taught by Mitsubayashi where the receptacle of Lee (see Fig. 1 of Lee, illustrated above) currently is in order to make a frozen drink that comfortable to the tongue as taught by Mitsubayashi (“since in this method of the present invention ice blocks are shaved into shaved ice pieces and discharged into the container containing the liquid material such as syrup and the ice pieces and liquid material are mixed together by the high-speed rotary blades to form the mixture in which the shave ice pieces are smashed into ice granules while are is entrained during mixing to bubble the mixture, a very soft, conventionally non-existent drink can be prepared which is removed of iced pieces and is cold and comfortable to the tongue” Col. 1, Lines 50-60).
Re Claim 11, Lee, in view of Mitsubayashi, discloses the ice maker system of claim 10 (see rejection of claim 10 above), wherein the ice maker system is positioned substantially on top of the blender system (after Lee is modified in view of Mitsubayashi, the ice maker system will be positioned substantially on top of the blender as it is in Mitsubayashi).
Re Claim 18, Lee discloses an ice maker system (“an ice-scraping machine” [0012]) comprising:
an ice shaver module (see Fig. 3, illustrated above) comprising:
a gear box (see Fig. 3, illustrated above, part of motor holder 20 that contains transmission gear unit 202); and
a plunger mechanism (see Fig. 3, illustrated above);
wherein a shaft of the plunger mechanism extends into the gear box (Fig. 3, illustrated above, shows overlap between the gear box and the shaft of the plunger mechanism); and
Lee fails to disclose a blender system that is selectively attachment to the ice shaver module.
Mitsubayashi teaches a drink maker system (An apparatus of making a soft ice-drink) comprising an ice maker system (“an ice-scraping machine” [0012]) comprising: an ice shaver module (see Fig. 3 of Mitsubayashi illustrated above); and an ice reservoir (reservoir 35); and a blender system (see Fig. 3 of Mitsubayashi illustrated above) that is selectively attachment to the ice shaver module (“the container 57 along with the container stand 42 is removed from the support box 40 and an appropriate amount of liquid material B such as syrup is poured into the container 57” Col. 4, Lines 31-34); wherein the ice maker system is positioned substantially on top of the blender system (see Fig. 3 of Mitsubayashi illustrated above) in order to have the shaved particles fall from the shaving assembly into blender system (“shaved ice can automatically be discharged into the container of the mixing mechanism through the discharge chute of the ice shaving mechanism” Col. 2, Line 9-12) in order to create a frozen drink mixture (“since in this method of the present invention ice blocks are shaved into shaved ice pieces and discharged into the container containing the liquid material such as syrup and the ice pieces and liquid material are mixed together by the high-speed rotary blades to form the mixture in which the shave ice pieces are smashed into ice granules while are is entrained during mixing to bubble the mixture, a very soft, conventionally non-existent drink can be prepared which is removed of iced pieces and is cold and comfortable to the tongue” Col. 1, Lines 50-60)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ice maker system of Lee by adding the blender system that is selectively attachment to the ice shaver module as taught by Mitsubayashi where the receptacle of Lee (see Fig. 1 of Lee, illustrated above) currently is in order to make a frozen drink that comfortable to the tongue as taught by Mitsubayashi (“since in this method of the present invention ice blocks are shaved into shaved ice pieces and discharged into the container containing the liquid material such as syrup and the ice pieces and liquid material are mixed together by the high-speed rotary blades to form the mixture in which the shave ice pieces are smashed into ice granules while are is entrained during mixing to bubble the mixture, a very soft, conventionally non-existent drink can be prepared which is removed of iced pieces and is cold and comfortable to the tongue” Col. 1, Lines 50-60) and to add ingredients to the blender system (“the container 57 along with the container stand 42 is removed from the support box 40 and an appropriate amount of liquid material B such as syrup is poured into the container 57” Col. 4, Lines 31-34).
Re Claim 19, Lee, in view of Mitsubayashi, discloses the ice maker system of claim 18 (see rejection of claim 18 above), and Lee further discloses that the ice shaver module further comprises a shaver motor (motor 201) configured to activate the gear box (“press rod 260 will move downward to press the trigger switch 200 of the machine body 2 to start the motor 201 to drive the transmission gear unit 202 to rotate” [0017]).
Re Claim 20, Lee, in view of Mitsubayashi, discloses the ice maker system of claim 18 (see rejection of claim 18 above), and Lee further discloses that the gear box is configured to rotate the shaft, and wherein the rotation of the shaft causes the plunger mechanism to rotate (“press rod 260 will move downward to press the trigger switch 200 of the machine body 2 to start the motor 201 to drive the transmission gear unit 202 to rotate and actuate the rotating shaft 21 to rotate together with the ice-pressing rotary disk 22” [0017]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ervin (US2003/0145734) teaches a drink maker system (frozen drink machine 10) comprising: an ice maker system (comprising cylindrical piston chamber 60, shaving assembly 42, and comprising sub-system comprising gear motor 50, carriage block 56, carriage bracket 52, ram 58) comprising: an ice shaver module (sub-system comprising gear motor 50, carriage block 56, carriage bracket 52, ram 58); and an ice reservoir (cylindrical piston chamber 60); and a blender system (mixing blades 46 and mixing container 48); wherein the ice maker system is positioned substantially on top of the blender system (Fig. 2) in order to have the shaved particles fall from the shaving assembly into blender system in order to create a frozen drink mixture. (“The drive motor 20 and the gear motor 50 become activated. The drive motor rotates the shaft 40 and the shaving disk 90. The gear motor 50 turns the threaded rod 54 forcing the carriage block 56 and the carriage bracket 52 downwardly. The carriage bracket 52 pushes the cylinder piston 58 against the top of the frozen beverage 64. The downward action presses the bottom of the frozen beverage 64 against the rotating disk 90 and the blades 92. The frozen block 64 is gradually shaved into fine ice crystals. The shaved particles are then channeled through the slots 94 and the channels 96 out of the shroud lower open end 88 and into the mixing container 48, where the ice particles mixed with the alcohol, water, carbonated water, syrup are stirred by the blades 46. As a result, the unit 10 produces a homogeneous frozen drink mixture, slush beverage, or other similar frozen concoction.” [0036] – [0037]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM D DICKSTEIN whose telephone number is (571) 272-1847. The examiner can normally be reached Monday - Friday 10:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.D.D./Patent Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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