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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5 and 8 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.
Regarding claim 1, the recitation "the closing head comprises" on line 13 of the claim lacks antecedent basis. The claim subsequently introduces "a head for closing the front opening of the cylindrical body," on line 5 of the claim, but does not previously introduce a "closing head." The claim should be amended to establish proper antecedent basis for "the closing head."
Regarding claim 5, the recitation "the feed device" lacks clear antecedent basis.
Claim 4 recites "a device for feeding a liquid," but does not introduce a "feed device." Further, claim 5 recites that the heating device is positioned between the first conduit and the second conduit while also heating the liquid "prior to its feeding in the first conduit." Since the liquid necessarily passes through the first conduit before reaching a heating device positioned between the first and second conduits, the scope of the limitation is unclear.
Regarding claim 8, the recitations "heated liquid," "the chute surface," and "the
manifold" lack antecedent basis. Claim 8 depends from claim 4. Claim 4 does
not recite heated liquid, a manifold, or a chute surface. Heated liquid is introduced in
claim 5, while the manifold and chute surface are introduced in claim 7.
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.
Claims 1, 2, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over
Cocchi et al. (U.S. Pub. 2009/0217825) in view of Cocchi et al. (U.S. Pub. 2008/0173038).
Regarding claim 1, Cocchi '825 discloses a machine for producing and dispensing a single dose (¶ [0088: “allows the user to dispense small doses, or even only a single dose of ice cream”) of an ice cream product comprising:
a horizontal whipping and freezing unit (2) including a substantially cylindrical refrigerated chamber (8) having a horizontal longitudinal axis (A) (¶ [0032]); a motor-driven mixer (9) rotating about the longitudinal axis (A) and having a plurality of blades (¶ [0033]); and a removable head (10) forming an end wall (11) of chamber (8) (¶ [0034]). The head (10) includes an inlet (12) and outlet (13) (¶¶ [0035]-[0036]).
Cocchi '825 further discloses a closing element (14) rotatably supported by head (10), including first separator (16) for selectively closing inlet (12) and second separator (17) for selectively closing outlet (13) (¶¶ [0037]-[0046]). Closing element (14) rotates between a first position in which inlet (12) is open and outlet (13) is closed and a second position in which inlet (12) is closed and outlet (13) is open (¶ [0056)).
Cocchi '825 does not disclose the selector element as the claimed disc-shaped element having an interruption along its circumference positioned against the closing head.
Cocchi '038 discloses a dispensing door (15) having a rotatable disc-shaped separator
(16) positioned against inspection door (11), with an opening (17) through separator selectively alignable with dispensing hole (13) (¶¶ [0041)-[0046]). Separator and inspection door are rotatably connected about their respective centers (¶¶ (0047]-[0048]). Cocchi '038 expressly states that partial overlap permits "choked and controlled dispensing" (¶¶ [ 0044]) and identifies the purpose of the arrangement as permitting predetermined quantities of ice cream to be dispensed while making operation easier for the user (¶¶ [0023]-l0026]).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the closing element (14) of Cocchi '825 to comprise the rotatable disc-shaped separator (16) having opening ( 17) of Cocchi '038 in order to provide "choked and controlled dispensing" and permit predetermined quantities of ice cream to be dispensed, as taught by Cocchi '038 at ¶¶ [0023]-[0026] and [0044] while making operation easier for the user.
Regarding claim 2, Cecchi '825 further discloses pressurized-air feeding means (31) comprising pipe (32) made in head (10) and communicating refrigerated chamber (8) with a pressurized-air feed circuit (¶¶ [0054]-[0055]). Cocchi expressly states that pipe (32) supplies pressurized air "to facilitate the exit" of the prepared ice cream product (¶¶ [0055]). Thus, Cocchi '825 teaches the claimed air generating unit and channel through the closing head.
Regarding claim 12, Cocchi '825 discloses closing element ( 14) rotatable between an ingredient-infeed position and a product-outfeed position (¶ [0056]), Cocchi '038 further discloses that opening (17) of separator (16) may be fully aligned, partially aligned, or "completely out of alignment" with dispensing hole (13) (¶¶ [0043]-[0044 ]).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to configure the rotary selector of Cocchi '825 with an additional angular position in which the openings are closed, as taught by Cocchi '038, in order to provide a completely closed operating condition in addition to the respective infeed and dispensing positions.
Claim 3 is rejected under 35 U.S.C, 103 as being unpatentable over Cocchi et al, (U.S. Pub. 2009/0217825) in view of Cocchi, et al. (U.S. Pub. 2008/0173038) as applied to claim 2 above, and further in view of Costin, et al. (U.S. Pub. 2012/0049096).
The combination of Cecchi '825 and Cecchi '038 teaches the machine of claim 2 but does not disclose the selector disc having a through-hole positioned to register with the air passage when the selector is in the dispensing position.
Costin discloses a rotary valve including valve disk (30) having circumferentially spaced through-holes {72a, 72b, 72a', 72b') arranged for longitudinal registry with stationary through-holes (58a-58d, 58a'-58d') in valve block (50) (¶ [0040]). Costin explains more generally that the valve disk has different rotational positions in which a control passage is aligned with selected flow passages (¶ [0004]).
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the selector element of Cocchi '825/'038 with a through hole positioned to register with air pipe (32) when the selector is in the dispensing position, as taught by Costin, in order for the user to selectively establish fluid communication through a stationary passage by rotational alignment of a through-holed valve disk.
Claim 6 is rejected under 35 U.S.C, 103 as being unpatentable over Cocchi ’825 in view of Cocchi ‘038 as applied to claim 1 above, and further in view of Costin, et al. (U.S. Pub. 2012/0049096).
Cocchi '038 teaches separator (16) rotated by externally accessible handle (23) (¶
[0051]-[0057]), but does not expressly disclose the claimed rotatable rod extending
through a seat in the closing head.
Costin discloses valve disk {30), central through-hole (70), actuator shaft (82), and a shaped shaft portion (86) received in driving engagement with the central opening (70) of valve disk (30), thereby causing shaft (82) and disk (30) to rotate together. Costin further discloses an actuator connected to the shaft for rotating the valve disk. See Costin: ¶¶ [0040]-[0041].
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the rotary selector of Cocchi '825/'038 with the actuator-shaft arrangement of Costin, with the shaft extending through the closing-head structure and keyed to the selector element, in order to transmit rotary motion from an externally operated actuator to the selector disk, as taught by Costin at ¶¶ [0040]-[0041].
Claim 9 is rejected under 35 U.5.C. 103 as being unpatentable over Cocchi ’825 in view of Cocchi ‘038 as applied to claim 1 above, and further in view of Ross et al. (U.S. Pat. 6,494,055).
The Cocchi combination discloses the motor-driven mixer and blades but does not disclose the claimed radially movable spring-biased blade arrangement.
Ross discloses blade scrapers (120, 122) mounted to a cylinder (112) by mating holes (121) and studs (123). Ross further discloses the blades pressing against the interior wall of freezing cylinder (117) in scraping engagement and being biased radially outwardly by springs positioned on the studs. (col. 18, lines 16-22) Ross expressly states that the radial bias is provided "in order that wear of the blades is compensated." (Ross: col. 5, lines 39-42)
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to mount the mixer blades of Cocchi for radial movement on studs and bias the blades radially outwardly with springs, as taught by Ross, in order to compensate for blade wear while maintaining scraping engagement with the interior wall of the freezing cylinder.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cocchi ’825 in view of Cocchi ‘038 as applied to claim 1 above, and further in view of Ross et al. (U.S. Pat. 6,494,055) and EP 0711507.
The Cocchi combination does not disclose blades having the claimed trapezoidal cross-section and diagonal orientation.
Ross teaches scraper blades arranged as a helix in the freezing cylinder and expressly states that the helical blades scrape the cylinder while "simultaneously urging" the soft-serve product toward the door or front end of the freezing cylinder. (col. 18, lines 26-28)
EP '507 discloses paddle portion (A) having a roughly-trapezoidal cross-section, with leading point (30) for breaking and scraping frozen mixture from cylinder wall (10). Paddle portions (B) and (C) are likewise disclosed as roughly trapezoidal, with portion (B) progressively crushing and smearing the mixture and portion (C) performing a pre-smearing action.
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to arrange the blades of Cocchi along an inclined or helical trajectory as taught by Ross in order to urge the product toward the door or front end of the freezing cylinder, and to provide the blades with the generally trapezoidal cross-sectional configuration taught by EP '507 in order to perform the disclosed scraping, crushing, and smearing functions against the refrigerated cylinder wall.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cocchi ’825 in view of Cocchi ‘038 as applied to claim 1 above, and further in view of Brown et al. (US 4,736,600).
The Cecchi combination teaches introducing product into a freezing chamber, mixing and cooling the product, selectively opening and closing inlet/outlet passages, and dispensing the prepared product, but does not expressly disclose rotating the mixer in a first direction during product formation and in an opposite direction during dispensing.
Brown discloses a self-dispensing ice-cream maker having a bidirectional dasher (16). Brown teaches rotation in one direction for mixing and states that reverse rotation advances ice cream toward the dispensing cover. Brown further identifies as an object of the invention the use of a "bidirectional dasher for mixing and dispensing functions." (col. 1, lines 53-56)
Therefore, it would have been obvious to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to operate the mixer of Cocchi in a first rotational direction during mixing and cooling and thereafter reverse the rotational direction during dispensing, as taught by Brown, in order to use the same bidirectional dasher for both mixing and dispensing and to advance the prepared ice cream toward the dispensing outlet.
Allowable Subject Matter
Claims 4, 5, 7, 8, 11, 13 and 14 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.
Regarding claim 4, the prior art of record does not sufficiently teach or suggest the limitation of a device for feeding a liquid having a first conduit and a second conduit connected thereto, wherein the second conduit is formed at least partly in the closing head and leads out in proximity to the infeed means. Although Zappoli, et al. (U>S> Pub. 2016/0316781) teaches liquid feeding means (2) and a liquid-feed duct (28) for supplying liquid to food-process components, Zappoli does not disclose or suggest the claimed routing of the second conduit through the closing head and to an outlet positioned proximate the infeed means.
Claims 5 and 8 depend from claim 4.
Regarding claim 7, the prior art presently relied upon does not sufficiently teach the specific combination of an open manifold formed on the upper part of the closing head having a chute surface extending at an angle toward the longitudinal axis.
Regarding claim 11, Cocchi ‘038 discloses a motor-driven mixer (9) rotating within cylindrical chamber (8) and a disc-shaped selector/separator (16) positioned at the end of the chamber. The separator is independently rotated relative to inspection door (11) by control handle (23) to selectively control dispensing. Cocchi therefore does not disclose the end of the mixer shaft being rotatably keyed, i.e. rotationally locked, to the selector element.
The prior art of record does not provide an articulated reason to rotationally lock the mixer shaft to the selector element. Cocchi instead operates mixer (9) and separator (16) independently, with the separator maintained at a selected angular position while the mixer rotates during preparation of the product. Rotationally locking the mixer shaft to separator would cause the selector to rotate with the mixer and would be contrary to Cocchi’s disclosed selective positioning of the separator.
Therefore, it would not have been obvious to modify Cocchi to rotationally key the mixer shaft to the selector element as required by claim 11, absent improper hindsight reconstruction of the claimed invention.
Regarding claims 13 and 14, the prior art presently relied upon does not sufficiently teach the specific peripheral half-moon interruption of claim 13 or the thickened inner selector surface forming the annular truncated-cone surface of claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892, attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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/MICHAEL J. MELARAGNO/Examiner, Art Unit 3754
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