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 .
Specification
The disclosure is objected to because of the following informalities:
Pg. 20, paragraph 166: “and cold plate..” should read “and cold plate.”
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1, line 3: “at least one flexible wall freeze bag configured to receive an associated mixture therein” should read “at least one flexible wall freeze bag configured to receive an associated mixture in the at least one flexible wall freeze bag”
Claim 1, line 5: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 1, line 8: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 1, line 11: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 2, line 1: “The apparatus of claim 1” should read “The apparatus of claim 1,”
Claim 3, line 1: “The apparatus of claim 2” should read “The apparatus of claim 2,”
Claim 4, line 2: “the physical element” should read “the at least one physical element”
Claim 5, line 1: “a first of the ends” should read “a first end of the two ends”
Claim 5, line 2: “a second of the ends” should read “a second end of the two ends”
Claim 5, lines 2-3: “the at least one freeze bag” should read “the at least one flexible wall freeze bag”
Claim 6, line 2: “a first end” should read “the first end”
Claim 6, line 2: “a second end” should read “the second end”
Claim 7, lines 2-3: “at one of a pulley or an idler shaft” should read “at least one of a pulley or an idler shaft”
Claim 8, lines 2-3: “at one of a pulley or an idler shaft” should read “at least one of a pulley or an idler shaft”
Claim 9, line 3: “at least one flexible wall freeze bag configured to receive an associated mixture therein” should read “at least one flexible wall freeze bag configured to receive an associated mixture in the at least one flexible wall freeze bag”
Claim 9, line 5: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 9, line 6: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 9, lines 7-8: “the physical element” should read “each of the plurality of physical elements”
Claim 9, line 11: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 9, line 12: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 9, line 13: “a first of the ends” should read “a first end of the two ends”
Claim 9, line 14: “a second of the ends” should read “a second end of the two ends”
Claim 10, lines 3-4: “providing at least one flexible wall freeze bag configured to receive an associated mixture therein” should read “providing at least one flexible wall freeze bag configured to receive an associated mixture in the at least one flexible wall freeze bag”
Claim 10, line 8: “the freeze bag” should read “the at least one flexible wall freeze bag”
Claim 11, line 1: “The method of claim 10” should read “The method of claim 10,”
Claim 12, line 1: “The method of claim 10” should read “The method of claim 10,”
Claim 12, line 3: “open and closed states” should read “an open state and a closed state”
Claim 13, line 5: “a first of the ends” should read “a first end of the two ends”
Claim 13, line 6: “a second of the ends” should read “a second end of the two ends”
Claim 15, line 3: “an associated liquid mixture” should read “the associated liquid mixture”
Claim 15, lines 3-4: “at least one flexible wall freeze bag configured to receive an associated liquid mixture therein” should read “at least one flexible wall freeze bag configured to receive an associated liquid mixture in the at least one flexible wall freeze bag”
Claim 16, line 1: “The apparatus of claim 14” should read “The apparatus of claim 14,”
Claim 18, line 1: “The apparatus of claim 17” should read “The apparatus of claim 17,”
Claim 19, line 1: “The apparatus of claim 16” should read “The apparatus of claim 16,”
Claim 20, line 1: “The apparatus of claim 15” should read “The apparatus of claim 15,”
Claim 2 is also objected to by virtue of its dependency on claim 1.
Claim 3 is also objected to by virtue of its dependency on claim 2.
Claims 4 and 8 are also objected to by virtue of their dependency on claim 3.
Claim 5 is also objected to by virtue of its dependency on claim 4.
Claims 6-7 are also objected to by virtue of their dependency on claim 5.
Claims 11-13 are also objected to by virtue of their dependency on claim 10.
Claim 14 is also objected to by virtue of its dependency on claim 13.
Claim 16 is also objected to by virtue of its dependency on claim 14.
Claims 17 and 19 are also objected to by virtue of their dependency on claim 16.
Claim 18 is also objected to by virtue of its dependency on claim 17.
Claim 20 is also objected to by virtue of its dependency on claim 15.
Appropriate correction is required.
Applicant is advised that should claim 5 be found allowable, claim 6 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).
Claim Interpretation
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:
Claim 1, line 4 recites, “physical element” which draws corresponding structure to the following recitation of the specification, “At least one physical element, such as a roller(s), shoe(s), pressing member(s), ultrasonic component(s), etc., (Pg. 2, paragraph 5)”, or equivalents thereof.
Claim 1, line 10 recites, “cooling element” which draws corresponding structure to the following recitation of the specification, “Cooling for the refrigerated section 162 and freezer section 163 can come from one or more independent cooling systems or cooling elements. Freezing of the comestible mixture can come from the cold plate 21 cooled fluid in the freezer section, such as but not limited to air, a liquid (e.g. a brine), a liquid spray 163 or any combination of a cooling fluid and cold plate (Pg. 20, paragraph 166)”, or equivalents thereof.
Claim 9, line 4 recites, “physical element” which draws corresponding structure to the following recitation of the specification, “At least one physical element, such as a roller(s), shoe(s), pressing member(s), ultrasonic component(s), etc., (Pg. 2, paragraph 5)”, or equivalents thereof.
Claim 9, line 11 recites, “cooling element” which draws corresponding structure to the following recitation of the specification, “Cooling for the refrigerated section 162 and freezer section 163 can come from one or more independent cooling systems or cooling elements. Freezing of the comestible mixture can come from the cold plate 21 cooled fluid in the freezer section, such as but not limited to air, a liquid (e.g. a brine), a liquid spray 163 or any combination of a cooling fluid and cold plate (Pg. 20, paragraph 166)”, or equivalents thereof.
Claim 10, lines 5-6 recites, “physical element” which draws corresponding structure to the following recitation of the specification, “At least one physical element, such as a roller(s), shoe(s), pressing member(s), ultrasonic component(s), etc., (Pg. 2, paragraph 5)”, or equivalents thereof.
Claim 10, line 8 recites, “cooling element” which draws corresponding structure to the following recitation of the specification, “Cooling for the refrigerated section 162 and freezer section 163 can come from one or more independent cooling systems or cooling elements. Freezing of the comestible mixture can come from the cold plate 21 cooled fluid in the freezer section, such as but not limited to air, a liquid (e.g. a brine), a liquid spray 163 or any combination of a cooling fluid and cold plate (Pg. 20, paragraph 166)”, or equivalents thereof.
Claim 15, line 5 recites, “physical element” which draws corresponding structure to the following recitation of the specification, “At least one physical element, such as a roller(s), shoe(s), pressing member(s), ultrasonic component(s), etc., (Pg. 2, paragraph 5)”, or equivalents thereof.
Claim 15, line 10 recites, “cooling element” which draws corresponding structure to the following recitation of the specification, “Cooling for the refrigerated section 162 and freezer section 163 can come from one or more independent cooling systems or cooling elements. Freezing of the comestible mixture can come from the cold plate 21 cooled fluid in the freezer section, such as but not limited to air, a liquid (e.g. a brine), a liquid spray 163 or any combination of a cooling fluid and cold plate (Pg. 20, paragraph 166)”, or equivalents thereof.
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
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 1, line 3 recites, “an associated mixture” which is unclear to the Examiner if the associated mixture of line 3 is the same as the associated liquid mixture of line 1 or a different mixture. For purposes of examination, the Examiner will interpret the associated liquid mixture and the associated mixture to be the same components. The Examiner recommends amending the claims to use consistent terminology when referring to like components.
The term “towards” in claim 2 is a relative term which renders the claim indefinite. The term “towards” 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. The location of the freeze bag outlet relative to an upper end of the at least one flexible wall freeze bag is rendered indefinite by the use of the term “towards”. For purposes of examination, the Examiner will interpret the claim to simply require the freeze bag outlet at an upper end of the at least one flexible wall freeze bag.
The term “towards” in claim 2 is a relative term which renders the claim indefinite. The term “towards” 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. The location of the freeze bag inlet relative to a lower end of the at least one flexible wall freeze bag is rendered indefinite by the use of the term “towards”. For purposes of examination, the Examiner will interpret the claim to simply require the freeze bag inlet at a lower end of the at least one flexible wall freeze bag.
Claim 5, lines 3-5 recite, “at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements” which is unclear to the Examiner as the recitation of lines 3-5 make it unclear whether the two ends of claim 4 from which claim 5 depend are two ends that a singular physical element extends between or if the two ends are two ends that all of the plurality of physical elements extend between, this lack of clarity becomes evident in claim 5 which recites “at least one of the first ends in one of the plurality of physical elements” and “at least one of the second ends in another of the plurality of physical elements” which implies there can be multiple first ends and multiple second ends. For purposes of examination, the Examiner will interpret the claim wherein each of the plurality of physical elements has two ends.
Claim 7 recites the limitation "the end of the first path" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing "the end of the first path" in line 1 of claim 7 to “an end of the first path”.
Claim 8 recites the limitation "the end of the first path" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing "the end of the first path" in line 1 of claim 8 to “an end of the first path”.
Claim 9, line 3 recites, “an associated mixture” which is unclear to the Examiner if the associated mixture of line 3 is the same as the associated liquid mixture of line 1 or a different mixture. For purposes of examination, the Examiner will interpret the associated liquid mixture and the associated mixture to be the same components. The Examiner recommends amending the claims to use consistent terminology when referring to like components.
Claim 9, lines 15-17 recite, “at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements” which is unclear to the Examiner as the recitation of lines 15-17 make it unclear whether the two ends of line 7 are two ends that a singular physical element extends between or if the two ends are two ends that all of the plurality of physical elements extend between, this lack of clarity becomes evident in lines 15-17 which recites “at least one of the first ends in one of the plurality of physical elements” and “at least one of the second ends in another of the plurality of physical elements” which implies there can be multiple first ends and multiple second ends. For purposes of examination, the Examiner will interpret the claim wherein each of the plurality of physical elements has two ends.
Claim 10, lines 3-4 recites, “an associated mixture” which is unclear to the Examiner if the associated mixture of lines 3-4 is the same as the liquid mixture of lines 1-2 or a different mixture. For purposes of examination, the Examiner will interpret the associated mixture and the liquid mixture to be the same components. The Examiner recommends amending the claims to use consistent terminology when referring to like components.
Claim 10, line 5 recites, “the mixture” which is unclear to the Examiner if the mixture of line 5 is the same as the liquid mixture of lines 1-2 and the associated mixture of lines 3-4 or a different mixture. For purposes of examination, the Examiner will interpret the associated mixture, the liquid mixture, and the mixture to be the same components. The Examiner recommends amending the claims to use consistent terminology when referring to like components.
Claim 10 recites the limitation "the walls" in line 7. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the walls” in line 7 to “walls”.
The term “near” in claim 10 is a relative term which renders the claim indefinite. The term “near” 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. The location of the freeze bag outlet relative to an upper end of the at least one flexible wall freeze bag is rendered indefinite by the use of the term “near”. For purposes of examination, the Examiner will interpret the claim to simply require the freeze bag outlet at an upper end of the at least one flexible wall freeze bag.
The term “near” in claim 10 is a relative term which renders the claim indefinite. The term “near” 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. The location of the freeze bag inlet relative to a lower end of the at least one flexible wall freeze bag is rendered indefinite by the use of the term “near”. For purposes of examination, the Examiner will interpret the claim to simply require the freeze bag inlet at a lower end of the at least one flexible wall freeze bag.
Claim 13, lines 8-9 recite, “at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements” which is unclear to the Examiner as the recitation of lines 8-9 make it unclear whether the two ends of line 2 are two ends that a singular physical element extends between or if the two ends are two ends that all of the plurality of physical elements extend between, this lack of clarity becomes evident in lines 8-9 which recites “at least one of the first ends in one of the plurality of physical elements” and “at least one of the second ends in another of the plurality of physical elements” which implies there can be multiple first ends and multiple second ends. For purposes of examination, the Examiner will interpret the claim wherein each of the plurality of physical elements has two ends.
The term “near” in claim 15 is a relative term which renders the claim indefinite. The term “near” 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. The location of the freeze bag outlet relative to an upper end of the at least one flexible wall freeze bag is rendered indefinite by the use of the term “near”. For purposes of examination, the Examiner will interpret the claim to simply require the freeze bag outlet at an upper end of the at least one flexible wall freeze bag.
The term “near” in claim 15 is a relative term which renders the claim indefinite. The term “near” 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. The location of the freeze bag inlet relative to a lower end of the at least one flexible wall freeze bag is rendered indefinite by the use of the term “near”. For purposes of examination, the Examiner will interpret the claim to simply require the freeze bag inlet at a lower end of the at least one flexible wall freeze bag.
Claim 16, line 1 recites, “The apparatus of claim 14” which is unclear to the Examiner as claim 14 is a method claim. For purposes of examination, the Examiner will interpret the claim to read “The method of claim 14”. The Examiner recommends amending the claim as interpreted herein.
Claim 16, lines 3-4 recite, “then again in contact with the at least one flexible wall freeze bag in another of the first path” which is unclear to the Examiner as to how the at least one physical element can be again in contact with the at least one flexible wall freeze bag in another of the first path if “another of the first path” has not been previously claimed. For purposes of examination, the Examiner will interpret the claim to read as follows “then again in contact with the at least one flexible wall freeze bag in the first path”. The Examiner recommends amending the claim as interpreted herein.
Claim 17, line 1 recites, “The apparatus of claim 16” which is unclear to the Examiner as claim 16 is a method claim. For purposes of examination, the Examiner will interpret the claim to read “The method of claim 16”. The Examiner recommends amending the claim as interpreted herein.
Claim 17 recites the limitation "the end of the first path" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing "the end of the first path" in line 1 of claim 17 to “an end of the first path”.
Claim 17 recites the limitation "the end of the second path" in line 3. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing "the end of the second path" in line 3 of claim 17 to “an end of the second path”.
Claim 18, line 1 recites, “The apparatus of claim 17” which is unclear to the Examiner as claim 17 is a method claim. For purposes of examination, the Examiner will interpret the claim to read “The method of claim 17”. The Examiner recommends amending the claim as interpreted herein.
Claim 19, line 1 recites, “The apparatus of claim 16” which is unclear to the Examiner as claim 16 is a method claim. For purposes of examination, the Examiner will interpret the claim to read “The method of claim 16”. The Examiner recommends amending the claim as interpreted herein.
Claim 2 is also rejected by virtue of its dependency on claim 1.
Claim 3 is also rejected by virtue of its dependency on claim 2.
Claims 4 and 8 are also rejected by virtue of their dependency on claim 3.
Claim 5 is also rejected by virtue of its dependency on claim 4.
Claims 6-7 are also rejected by virtue of their dependency on claim 5.
Claims 11-13 are also rejected by virtue of their dependency on claim 10.
Claim 14 is also rejected by virtue of its dependency on claim 13.
Claim 16 is also rejected by virtue of its dependency on claim 14.
Claims 17 and 19 are also rejected by virtue of their dependency on claim 16.
Claim 18 is also rejected by virtue of its dependency on claim 17.
Claim 20 is also rejected by virtue of its dependency on claim 15.
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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Ravji et al. (US Patent No. 9,591,865), hereinafter Ravji in view of Sakai et al. (US 20190337787), hereinafter Sakai.
Regarding claim 1, Ravji discloses an apparatus that freezes an associated liquid mixture into an associated product that is at least partially frozen (Fig. 2, device 1; Abstract, The present invention relates to a container (20) designed for being inserted into a device (1) for preparing a frozen confection (17), said container (20) comprising a sealed flexible casing (25) and said container (20) containing ingredients (15) for producing a frozen confection (17) when being cooled and mechanically forced), the apparatus comprising:
at least one flexible wall freeze bag configured to receive an associated mixture therein (Fig. 3, container 20; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced);
at least one physical element configured to contact and move along an outer surface of the freeze bag wherein the physical element agitates the associated mixture in the at least one flexible wall freeze bag (Fig. 2, dispensing unit 5; Fig. 12a, flexible ring 32, Fig. 12b, inflatable balloon; Fig. 12c, convex plate 35, Fig. 12d, barrier 36, magnetic plate 37; Fig. 12e, barrier 38, cones 39; Fig. 12f, first processing cone 40, second processing cone 41; Fig. 12g, partial sheet 42; Fig. 12i, vacuum pump 48; Fig. 12j, cover plate 59, Fig. 12k, wiring cone 49, Fig. 12l, rotatable cones 51; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced; Further, the physical element of Ravji (Fig. 12a, flexible ring 32, Fig. 12b, inflatable balloon; Fig. 12c, convex plate 35, Fig. 12d, barrier 36, magnetic plate 37; Fig. 12e, barrier 38, cones 39; Fig. 12f, first processing cone 40, second processing cone 41; Fig. 12g, partial sheet 42; Fig. 12i, vacuum pump 48; Fig. 12j, cover plate 59, Fig. 12k, wiring cone 49, Fig. 12l, rotatable cones 51) has the same structure as the claimed physical element and is capable of functioning in the manner claimed); and
a cooling element that cools the associated mixture in the at least one flexible wall freeze bag through the outer surface of the freeze bag from an initially liquid state to an at least partially frozen state (Fig. 2, Cooling unit 8, cooling element 6; Col. 2, lines 55-65, The device 1 further comprises a cooling unit 8 which is adapted to cool the cooling element 6. Since the cooling element 6 comprises an excellent heat conductivity the container when being in touch with the cooling element 6 is cooled. The cooling unit 8 can comprise any refrigeration and/or circulatory heat transfer system to cool the cooling element 6 and consequently the container as rapidly as possible. Further a defrosting system can also be included into the cooling unit S in order to minimize the frosting of the cooling element 6. Either a defrosting plate or a dryer air circulation using dehumidified air can be provided).
However, Ravji does not disclose the at least one physical element moves in a continuous loop along the outer surface of the at least one flexible wall freeze bag in a first path, and then away from the outer surface of the freeze bag in a second path, and then return along the outer surface of the at least one flexible wall freeze bag in the first path.
Sakai teaches the at least one physical element moves in a continuous loop along the outer surface of the at least one flexible wall freeze bag in a first path, and then away from the outer surface of the freeze bag in a second path, and then return along the outer surface of the at least one flexible wall freeze bag in the first path (Fig. 1, endless transfer mechanism unit 60, motor 61; Fig. 12, endless transfer mechanism unit 60, roller parts 50; Pg. 5, paragraph 62-65, A plurality of the roller parts 50 are disposed on an opposite side of the discharge passage part 81 of the flexible container 80 from the pressure receiving part 40n, and are configured to press the discharge passage part 81 of the flexible container 80 from the side while moving around on a predetermined path, to push the discharge passage part 81 against the pressure receiving part 40 until the discharge passage part 81 is occluded at a pressing position. Each roller part 50 linearly moves sequentially in a direction moving away from the extrusion mechanism unit 10 while pressing the discharge passage part 81, to send out the content in the discharge passage part 81 to the outside. The direction in which each roller parts 50 presses the discharge passage part 81 of the flexible container 80 to push the discharge passage part 81 against the pressure receiving part 40 is parallel to the pressing direction of the pressing parts 11, 12. The endless transfer mechanism unit 60 is attached to a lower part of the support frame 20 via the pressure receiving part 40, and is configured such that the plurality of roller parts 50 are attached at a predetermined interval to an endless belt 62 that is driven by a motor 61 to move circulatingly, which causes the roller parts 50 to move and perform the above go-around movement).
Ravji fails to teach the at least one physical element moves in a continuous loop along the outer surface of the at least one flexible wall freeze bag in a first path, and then away from the outer surface of the freeze bag in a second path, and then return along the outer surface of the at least one flexible wall freeze bag in the first path, however Sakai teaches that it is a known method in the art of consumable fluid dispensing to include the at least one physical element moves in a continuous loop along the outer surface of the at least one flexible wall freeze bag in a first path, and then away from the outer surface of the freeze bag in a second path, and then return along the outer surface of the at least one flexible wall freeze bag in the first path. This is strong evidence that modifying Ravji as claimed would produce predictable results (i.e. dispensing fluid in a flexible wall container to provide a consumer food product). Specifically, replacing the dispensing unit of Ravji with the endless transfer mechanism unit. Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ravji by Sakai and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of dispensing fluid in a flexible wall container to provide a consumer food product.
Claims 2-3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji as modified by Sakai as applied to claim 1 above, and further in view of Navarro et al. (US 20170172173), hereinafter Navarro.
Regarding claim 2, Ravji as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Ravji does not disclose wherein a freeze bag outlet is towards an upper end of the at least one flexible wall freeze bag and a freeze bag inlet towards a lower end of the at least one flexible wall freeze bag such that higher viscosity, at least partially frozen mixture resists gravity and collects at the upper end of the at least one flexible wall freeze bag, while lower viscosity, mostly liquid mixture collects at the lower end of the at least one flexible wall freeze bag.
Navarro teaches wherein a freeze bag outlet is towards an upper end of the at least one flexible wall freeze bag and a freeze bag inlet towards a lower end of the at least one flexible wall freeze bag (Fig. 12a-12c; openings 407, 407’; Pg. 6, paragraph 110, Openings 407, 407' are preferably placed on either side of the reservoir 403 so as to be able to fill and to empty the content of the reservoir 403. The section of at least one of the openings 407' is wide and preferably greater than 80 mm2 so as to be able to extract the transformed mixture 406 from the reservoir rapidly and with less effort; As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one flexible wall freeze bag of Ravji as modified to include a freeze bag outlet is towards an upper end of the at least one flexible wall freeze bag and a freeze bag inlet towards a lower end of the at least one flexible wall freeze bag as taught by Navarro. One of ordinary skill in the art would have been motivated to make this modification to allow for efficient filling and dispensing of the product (Navarro, Pg. 6, paragraph 110).
Ravji as modified does not explicitly disclose such that higher viscosity, at least partially frozen mixture resists gravity and collects at an upper end of the freeze bag, while lower viscosity, mostly liquid mixture collects at a lower end of the freeze bag. However, this limitation is an inherent feature of the claims as the frozen phase of the primarily water-based associated mixture will become less dense than the liquid phase of the associated mixture causing it to float on the liquid phase of the mixture much like ice in a glass of water therefore, there is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference (MPEP 2112, Section II).
Regarding claim 3, Ravji as modified discloses the apparatus of claim 2 (see the combination of references used in the rejection of claim 2 above) wherein there are a plurality of the at least one physical element (Sakai, Fig. 12, roller parts 50; Pg. 5, paragraph 62-65, A plurality of the roller parts 50 are disposed on an opposite side of the discharge passage part 81 of the flexible container 80 from the pressure receiving part 40n, and are configured to press the discharge passage part 81 of the flexible container 80 from the side while moving around on a predetermined path, to push the discharge passage part 81 against the pressure receiving part 40 until the discharge passage part 81 is occluded at a pressing position). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 2 above.
Regarding claim 8, Ravji as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above), wherein at the end of the first path a drive member that drives the plurality of physical elements moves around a first guide that is at one of a pulley or an idler shaft to the second path, and at the end of the second path the drive member moves around a second guide that is at least one of a pulley or an idler shaft to return to the first path (See annotated Fig. 10 of Sakai below, rollers 50 are connected to endless belt 62 and move around first guide pulley A and second guide pulley B; Pg. 5, paragraph 62-65, A plurality of the roller parts 50 are disposed on an opposite side of the discharge passage part 81 of the flexible container 80 from the pressure receiving part 40n, and are configured to press the discharge passage part 81 of the flexible container 80 from the side while moving around on a predetermined path, to push the discharge passage part 81 against the pressure receiving part 40 until the discharge passage part 81 is occluded at a pressing position. Each roller part 50 linearly moves sequentially in a direction moving away from the extrusion mechanism unit 10 while pressing the discharge passage part 81, to send out the content in the discharge passage part 81 to the outside. The direction in which each roller parts 50 presses the discharge passage part 81 of the flexible container 80 to push the discharge passage part 81 against the pressure receiving part 40 is parallel to the pressing direction of the pressing parts 11, 12. The endless transfer mechanism unit 60 is attached to a lower part of the support frame 20 via the pressure receiving part 40, and is configured such that the plurality of roller parts 50 are attached at a predetermined interval to an endless belt 62 that is driven by a motor 61 to move circulatingly, which causes the roller parts 50 to move and perform the above go-around movement). Further, the limitations of claim 8 are the result of the modification of references used in the rejection of claim 3 above.
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Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji as modified by Sakai and Navarro as applied to claim 3 above, and further in view of Porter (US Patent No. 4,049,242), hereinafter Porter.
Regarding claim 4, Ravji as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above).
However, Ravji as modified does not disclose wherein the plurality of physical elements extend between two ends, with a width of the physical element being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of the at least one physical element.
Porter teaches wherein the plurality of physical elements extend between two ends, with a width of the physical element being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of the at least one physical element (See annotated Fig. 1 of Porter below, roller elements 51-55 have a first end B and a second end C with a width D being less than a width E of the flexible package 12; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the plurality of physical elements of Ravji as modified wherein the plurality of physical elements extend between two ends, with a width of the physical element being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of the at least one physical element as taught by Porter. One of ordinary skill in the art would have been motivated to make this modification to prevent product entrapment at locations within the package and to cause mixing movement of product in directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof (Porter, Col. 3, lines 48-52).
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Regarding claim 5, Ravji as modified discloses the apparatus of claim 4 (see the combination of references used in the rejection of claim 4 above), wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements, at least one of the plurality of physical elements allowing flow around and beyond both the first end and the second end (See annotated Fig. 1 of Porter below, first ends B are depicted on a first side F of the flexible package 12 and second ends C are depicted at a second side G of the flexible package 12; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof). Further, the limitations of claim 5 are the result of the modification of reference used in the rejection of claim 4 above.
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Regarding claim 6, Ravji as modified discloses the apparatus of claim 5 (see the combination of references used in the rejection of claim 5 above), wherein at least one of the plurality of physical elements allowing flow around and beyond both a first end and a second end (See annotated Fig. 1 of Porter below, first ends B, second ends C; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof). Further, the limitations of claim 6 are the result of the modification of reference used in the rejection of claim 5 above.
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Regarding claim 7, Ravji as modified discloses the apparatus of claim 5 (see the combination of references used in the rejection of claim 5 above), wherein at the end of the first path a drive member that drives the plurality of physical elements moves around a first guide that is at one of a pulley or an idler shaft to the second path, and at the end of the second path the drive member moves around a second guide that is at least one of a pulley or an idler shaft to return to the first path (See annotated Fig. 10 of Sakai below, rollers 50 are connected to endless belt 62 and move around first guide pulley A and second guide pulley B; Pg. 5, paragraph 62-65, A plurality of the roller parts 50 are disposed on an opposite side of the discharge passage part 81 of the flexible container 80 from the pressure receiving part 40n, and are configured to press the discharge passage part 81 of the flexible container 80 from the side while moving around on a predetermined path, to push the discharge passage part 81 against the pressure receiving part 40 until the discharge passage part 81 is occluded at a pressing position. Each roller part 50 linearly moves sequentially in a direction moving away from the extrusion mechanism unit 10 while pressing the discharge passage part 81, to send out the content in the discharge passage part 81 to the outside. The direction in which each roller parts 50 presses the discharge passage part 81 of the flexible container 80 to push the discharge passage part 81 against the pressure receiving part 40 is parallel to the pressing direction of the pressing parts 11, 12. The endless transfer mechanism unit 60 is attached to a lower part of the support frame 20 via the pressure receiving part 40, and is configured such that the plurality of roller parts 50 are attached at a predetermined interval to an endless belt 62 that is driven by a motor 61 to move circulatingly, which causes the roller parts 50 to move and perform the above go-around movement). Further, the limitations of claim 7 are the result of the modification of references used in the rejection of claim 5 above.
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ravji et al. (US Patent No. 9,591,865), hereinafter Ravji in view of Porter (US Patent No. 4,049,242), hereinafter Porter.
Regarding claim 9, Ravji discloses an apparatus that freezes an associated liquid mixture into an associated product that is at least partially frozen (Fig. 2, device 1; Abstract, The present invention relates to a container (20) designed for being inserted into a device (1) for preparing a frozen confection (17), said container (20) comprising a sealed flexible casing (25) and said container (20) containing ingredients (15) for producing a frozen confection (17) when being cooled and mechanically forced), the apparatus comprising:
at least one flexible wall freeze bag configured to receive an associated mixture therein (Fig. 3, container 20; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced);
a plurality of physical elements configured to contact and move along an outer surface of the freeze bag wherein the plurality of physical elements agitate the associated mixture in the at least one flexible wall freeze bag (Fig. 2, dispensing unit 5; Fig. 12e, barrier 38, cones 39; Fig. 12f, first processing cone 40, second processing cone 41; Fig. 12l, rotatable cones 51; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced; Further, the plurality of physical elements of Ravji (Fig. 12e, barrier 38, cones 39; Fig. 12f, first processing cone 40, second processing cone 41; Fig. 12l, rotatable cones 51) have the same structure as the claimed physical element and is capable of functioning in the manner claimed); and
a cooling element that cools the associated mixture in the freeze bag through the outer surface of the freeze bag from an initially liquid state to an at least partially frozen state (Fig. 2, Cooling unit 8, cooling element 6; Col. 2, lines 55-65, The device 1 further comprises a cooling unit 8 which is adapted to cool the cooling element 6. Since the cooling element 6 comprises an excellent heat conductivity the container when being in touch with the cooling element 6 is cooled. The cooling unit 8 can comprise any refrigeration and/or circulatory heat transfer system to cool the cooling element 6 and consequently the container as rapidly as possible. Further a defrosting system can also be included into the cooling unit S in order to minimize the frosting of the cooling element 6. Either a defrosting plate or a dryer air circulation using dehumidified air can be provided).
However, Ravji as modified does not disclose the plurality of physical elements extend between two ends, with a width of the physical element being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of the at least one physical element;
wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements.
Porter teaches wherein the plurality of physical elements extend between two ends, with a width of the physical element being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of the at least one physical element (See annotated Fig. 1 of Porter below, roller elements 51-55 have a first end B and a second end C with a width D being less than a width E of the flexible package 12; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof);
wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements (See annotated Fig. 1 of Porter below, first ends B are depicted on a first side F of the flexible package 12 and second ends C are depicted at a second side G of the flexible package 12; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the plurality of physical elements of Ravji as modified wherein the plurality of physical elements extend between two ends, with a width of the physical element being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of the at least one physical element; wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements as taught by Porter. One of ordinary skill in the art would have been motivated to make this modification to prevent product entrapment at locations within the package and to cause mixing movement of product in directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof (Porter, Col. 3, lines 48-52).
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Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji et al. (US Patent No. 9,591,865), hereinafter Ravji in view of Navarro et al. (US 20170172173), hereinafter Navarro.
Regarding claim 10, Ravji discloses a method of making a frozen confection with an apparatus that freezes a liquid mixture and dispenses a product that is at least partially frozen, the method comprising (Fig. 2, device 1; Abstract, The present invention relates to a container (20) designed for being inserted into a device (1) for preparing a frozen confection (17), said container (20) comprising a sealed flexible casing (25) and said container (20) containing ingredients (15) for producing a frozen confection (17) when being cooled and mechanically forced), the method comprising:
providing at least one flexible wall freeze bag configured to receive an associated mixture therein (Fig. 3, container 20; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced);
agitating the mixture in the at least one flexible wall freeze bag with at least one physical element acting on an external surface of the at least one flexible wall freeze bag and causing the walls of the at least one flexible wall freeze bag to move towards each other (Fig. 2, dispensing unit 5; Fig. 12k, wiring cone 49, Fig. 12l, rotatable cones 51; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced; Col. 11, lines 26-30 and 34-41, FIG. 12k shows a further embodiment of a dispensing mechanism according to the present invention. In this case a wring cone 49 is provided which is adapted to role or wring the flexible container 20 so that the frozen confection 17 is pressed out of the opening 26… FIG. 12l shows a further embodiment of a dispensing mechanism according to the present invention. In this case two rotatable cones 51 are provided and the container 20 is clamped between the rotatable cones 51. The rotatable cones 51 are then rotated in opposite direction so that the container 20 wanders through the rotatable cones so that the frozen confection 17 can be dispensed through a side opening 26 of the container 20); and
cooling the mixture in the freeze bag with a cooling element through the outer surface of the freeze bag from an initially liquid state to an at least partially frozen state; and (Fig. 2, Cooling unit 8, cooling element 6; Col. 2, lines 55-65, The device 1 further comprises a cooling unit 8 which is adapted to cool the cooling element 6. Since the cooling element 6 comprises an excellent heat conductivity the container when being in touch with the cooling element 6 is cooled. The cooling unit 8 can comprise any refrigeration and/or circulatory heat transfer system to cool the cooling element 6 and consequently the container as rapidly as possible. Further a defrosting system can also be included into the cooling unit S in order to minimize the frosting of the cooling element 6. Either a defrosting plate or a dryer air circulation using dehumidified air can be provided).
However, Ravji does not disclose providing a freeze bag outlet is near an upper end of the at least one flexible wall freeze bag and a freeze bag inlet near a lower end of the at least one flexible wall freeze bag such that higher viscosity, at least partially frozen mixture resists gravity and collects at the upper end of the at least one flexible wall freeze bag, while lower viscosity, mostly liquid mixture collects at the lower end of the at least one flexible wall freeze bag.
Navarro teaches wherein a freeze bag outlet is near an upper end of the at least one flexible wall freeze bag and a freeze bag inlet near a lower end of the at least one flexible wall freeze bag (Fig. 12a-12c; openings 407, 407’; Pg. 6, paragraph 110, Openings 407, 407' are preferably placed on either side of the reservoir 403 so as to be able to fill and to empty the content of the reservoir 403. The section of at least one of the openings 407' is wide and preferably greater than 80 mm2 so as to be able to extract the transformed mixture 406 from the reservoir rapidly and with less effort; As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one flexible wall freeze bag of Ravji as modified to include a freeze bag outlet is near an upper end of the at least one flexible wall freeze bag and a freeze bag inlet near a lower end of the at least one flexible wall freeze bag as taught by Navarro. One of ordinary skill in the art would have been motivated to make this modification to allow for efficient filling and dispensing of the product (Navarro, Pg. 6, paragraph 110).
Ravji as modified does not explicitly disclose such that higher viscosity, at least partially frozen mixture resists gravity and collects at an upper end of the freeze bag, while lower viscosity, mostly liquid mixture collects at a lower end of the freeze bag. However, this limitation is an inherent feature of the claims as the frozen phase of the primarily water-based associated mixture will become less dense than the liquid phase of the associated mixture causing it to float on the liquid phase of the mixture much like ice in a glass of water therefore, there is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference (MPEP 2112, Section II).
Regarding claim 11, Ravji as modified discloses the method of claim 10 (see the combination of references used in the rejection of claim 10 above) wherein the at least one physical element is a roller (Ravji; Fig. 2, dispensing unit 5; Fig. 12k, wiring cone 49, Fig. 12l, rotatable cones 51; Col. 4, lines 56-58 and 34-41, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced; Col. 11, lines 26-30, FIG. 12k shows a further embodiment of a dispensing mechanism according to the present invention. In this case a wring cone 49 is provided which is adapted to role or wring the flexible container 20 so that the frozen confection 17 is pressed out of the opening 26… FIG. 12l shows a further embodiment of a dispensing mechanism according to the present invention. In this case two rotatable cones 51 are provided and the container 20 is clamped between the rotatable cones 51. The rotatable cones 51 are then rotated in opposite direction so that the container 20 wanders through the rotatable cones so that the frozen confection 17 can be dispensed through a side opening 26 of the container 20).
Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji as modified by Navarro as applied to claim 10 above, and further in view of Arao et al. (US 20190142028), hereinafter Arao.
Regarding claim 12, Ravji as modified discloses the method of claim 10 (see the combination of references used in the rejection of claim 10 above) an opening in the at least one flexible wall freeze bag (Ravji; Fig. 6a, opening 26; Col. 8, lines 3-4, the opening 26 provided within the container 20), the dispensing nozzle having open and closed states to selectively dispense the at least partially frozen state of the associated mixture from the freeze bag (Col. 8, lines 4-12, The opening 26 is closed or sealed, so that during the cooling and the application of mechanical force by the processing unit 3 the ingredients 15 and/or the prepared frozen confection 17 can not leak from the container 20. After the preparation of the frozen convection 17, the opening 26 can be opened, e.g. for removing a seal, or by breaking a seal or removing a plug, so that the frozen confection 17 can be dispensed from the container 20).
However, Ravji as modified does not disclose further comprising a dispensing nozzle in communication with the opening in the at least one flexible wall freeze bag, the dispensing nozzle having open and closed states to selectively dispense the at least partially frozen state of the associated mixture from the at least one flexible wall freeze bag.
Arao teaches a dispensing nozzle in communication with the opening in the at least one flexible wall freeze bag, the dispensing nozzle having open and closed states to selectively dispense the at least partially frozen state of the associated mixture from the at least one flexible wall freeze bag (Fig. 9, nozzle mechanism 24; Fig. 10(a) of Arao depicts the nozzle mechanism 24 in a closed state; Fig. 10(B) of Arao depicts the nozzle mechanism 24 in an open state; Pg. 6, paragraph 113, The guide rods 25 are respectively connected to outer portions of the small piece members 28 generally in association with the small piece members 28. The guide rods 25 are selectively moved so that the first polyarticular member 26 and the second polyarticular member 27 can be shifted between a closing state (see FIG. l0(A)) in which the first polyarticular member 26 and the second polyarticular member 27 extend parallel to each other to hold the lower portion 57 of the packaging container 50 there between, and an opening state (see FIG. 10(B)) in which longitudinally middle portions of the first polyarticular member 26 and the second polyarticular member 27 are spaced from each other).
Ravji as modified fails to teach a dispensing nozzle in communication with the opening in the at least one flexible wall freeze bag, the dispensing nozzle having open and closed states to selectively dispense the at least partially frozen state of the associated mixture from the at least one flexible wall freeze bag, however Arao teaches that it is a known method in the art of frozen food product dispensing to include a dispensing nozzle in communication with the opening in the at least one flexible wall freeze bag, the dispensing nozzle having open and closed states to selectively dispense the at least partially frozen state of the associated mixture from the at least one flexible wall freeze bag. This is strong evidence that modifying Ravji as modified as claimed would produce predictable results (i.e. allowing selective dispensing of the frozen food product to provide a desired amount of the frozen food product to a consumer). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ravji as modified by Arao and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of allowing selective dispensing of the frozen food product to provide a desired amount of the frozen food product to a consumer.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji as modified by Navarro as applied to claim 10 above, and further in view of Porter (US Patent No. 4,049,242), hereinafter Porter.
Regarding claim 13, Ravji as modified discloses the method of claim 10 (see the combination of references used in the rejection of claim 10 above), wherein there are a plurality of the at least one physical elements (Ravji; Fig. 2, dispensing unit 5; Fig. 12l, rotatable cones 51; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced; Col. 11, lines 26-30 and 34-41, FIG. 12k shows a further embodiment of a dispensing mechanism according to the present invention. In this case a wring cone 49 is provided which is adapted to role or wring the flexible container 20 so that the frozen confection 17 is pressed out of the opening 26… FIG. 12l shows a further embodiment of a dispensing mechanism according to the present invention. In this case two rotatable cones 51 are provided and the container 20 is clamped between the rotatable cones 51. The rotatable cones 51 are then rotated in opposite direction so that the container 20 wanders through the rotatable cones so that the frozen confection 17 can be dispensed through a side opening 26 of the container 20).
However, Ravji as modified does not disclose the plurality of physical elements extend between two ends, with a width of the plurality of physical elements being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of each of the plurality of physical elements, wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one flexible wall freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements.
Porter teaches the plurality of physical elements extend between two ends, with a width of the plurality of physical elements being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of each of the plurality of physical elements, wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one flexible wall freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements (See annotated Fig. 1 of Porter below, roller elements 51-55 have a first end B and a second end C with a width D being less than a width E of the flexible package 12; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the plurality of physical elements of Ravji as modified wherein the plurality of physical elements extend between two ends, with a width of the plurality of physical elements being less than a width of the at least one flexible wall freeze bag, and such that the agitation includes some of the associated mixture flowing around and beyond at least one end of each of the plurality of physical elements, wherein a first of the ends being on a first side of the at least one flexible wall freeze bag, and a second of the ends at a second side of the at least one flexible wall freeze bag, with the associated mixture flowing around and beyond at least one of the first ends in one of the plurality of physical elements and beyond at least one of the second ends in another of the plurality of physical elements as taught by Porter. Specifically, replacing the dispensing unit of Ravji as modified with the roller elements of Porter. One of ordinary skill in the art would have been motivated to make this modification to prevent product entrapment at locations within the package and to cause mixing movement of product in directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof (Porter, Col. 3, lines 48-52).
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Regarding claim 14, Ravji as modified discloses the method of claim 13 (see the combination of references used in the rejection of claim 13 above), wherein at least one of the plurality of physical elements allowing flow around and beyond both the first end and the second end (See annotated Fig. 1 of Porter below, first ends B, second ends C; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof). Further, the limitations of claim 14 are the result of the modification of reference used in the rejection of claim 13 above.
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Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji et al. (US Patent No. 9,591,865), hereinafter Ravji in view of Porter (US Patent No. 4,049,242), hereinafter Porter and Navarro et al. (US 20170172173), hereinafter Navarro.
Regarding claim 15, Ravji discloses an apparatus that freezes an associated liquid mixture into an associated product that is at least partially frozen (Fig. 2, device 1; Abstract, The present invention relates to a container (20) designed for being inserted into a device (1) for preparing a frozen confection (17), said container (20) comprising a sealed flexible casing (25) and said container (20) containing ingredients (15) for producing a frozen confection (17) when being cooled and mechanically forced), the apparatus comprising:
at least one flexible wall freeze bag configured to receive an associated mixture therein (Fig. 3, container 20; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced);
at least one physical element configured to contact and move along an outer surface of the freeze bag wherein the plurality of physical elements agitate the associated mixture in the at least one flexible wall freeze bag (Fig. 2, dispensing unit 5; Fig. 12e, barrier 38, cones 39; Fig. 12f, first processing cone 40, second processing cone 41; Fig. 12l, rotatable cones 51; Col. 4, lines 56-58, a container 20 is exemplary shown in FIG. 3. The container 20 contains ingredients 15 for producing a frozen confection when being cooled and mechanically forced; Further, the plurality of physical elements of Ravji (Fig. 12e, barrier 38, cones 39; Fig. 12f, first processing cone 40, second processing cone 41; Fig. 12l, rotatable cones 51) have the same structure as the claimed physical element and is capable of functioning in the manner claimed); and
a cooling element that cools the associated mixture in the at least one flexible wall freeze bag through the outer surface of the freeze bag from an initially liquid state to an at least partially frozen state (Fig. 2, Cooling unit 8, cooling element 6; Col. 2, lines 55-65, The device 1 further comprises a cooling unit 8 which is adapted to cool the cooling element 6. Since the cooling element 6 comprises an excellent heat conductivity the container when being in touch with the cooling element 6 is cooled. The cooling unit 8 can comprise any refrigeration and/or circulatory heat transfer system to cool the cooling element 6 and consequently the container as rapidly as possible. Further a defrosting system can also be included into the cooling unit S in order to minimize the frosting of the cooling element 6. Either a defrosting plate or a dryer air circulation using dehumidified air can be provided).
However, Ravji as modified does not disclose wherein the at least one physical element contacts less than a total width of the at least one flexible wall freeze bag to form a flow passage within the at least one flexible wall freeze bag through which the associated liquid mixture can flow.
Porter teaches wherein the at least one physical element contacts less than a total width of the at least one flexible wall freeze bag to form a flow passage within the at least one flexible wall freeze bag through which the associated liquid mixture can flow (See annotated Fig. 1 of Porter below, roller elements 51-55 have a first end B and a second end C with a width D being less than a width E of the flexible package 12; Col. 3, lines 43-52, By reason of the staggered positioning of rollers 51 and 52 with respect to the other rollers 53, 54, 55 on their mutual shaft 40, the rotating assembly of package 45 contacting roller elements is maintained out of pressure contact with the package 12 across at least a portion thereof a permit internal product flow, thereby to prevent product entrapment at locations within the package and to cause mixing movement of product 18 in 50 directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof);
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the plurality of physical elements of Ravji as modified wherein the at least one physical element contacts less than a total width of the at least one flexible wall freeze bag to form a flow passage within the at least one flexible wall freeze bag through which the associated liquid mixture can flow as taught by Porter. Specifically, replacing the dispensing unit of Ravji with the roller elements of Porter. One of ordinary skill in the art would have been motivated to make this modification to prevent product entrapment at locations within the package and to cause mixing movement of product in directions toward, away and around perpendicular axis 34 for rapid and intimate mixing thereof (Porter, Col. 3, lines 48-52).
However, Ravji as modified does not disclose wherein a freeze bag outlet is near an upper end of the at least one flexible wall freeze bag and a freeze bag inlet near a lower end of the at least one flexible wall freeze bag such that higher viscosity, at least partially frozen mixture resists gravity and collects at the upper end of the at least one flexible wall freeze bag, while lower viscosity, mostly liquid mixture collects at the lower end of the at least one flexible wall freeze bag.
Navarro teaches wherein a freeze bag outlet is near an upper end of the at least one flexible wall freeze bag and a freeze bag inlet near a lower end of the at least one flexible wall freeze bag (Fig. 12a-12c; openings 407, 407’; Pg. 6, paragraph 110, Openings 407, 407' are preferably placed on either side of the reservoir 403 so as to be able to fill and to empty the content of the reservoir 403. The section of at least one of the openings 407' is wide and preferably greater than 80 mm2 so as to be able to extract the transformed mixture 406 from the reservoir rapidly and with less effort; As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one flexible wall freeze bag of Ravji as modified to include a freeze bag outlet is near an upper end of the at least one flexible wall freeze bag and a freeze bag inlet near a lower end of the at least one flexible wall freeze bag as taught by Navarro. One of ordinary skill in the art would have been motivated to make this modification to allow for efficient filling and dispensing of the product (Navarro, Pg. 6, paragraph 110).
Ravji as modified does not explicitly disclose such that higher viscosity, at least partially frozen mixture resists gravity and collects at an upper end of the freeze bag, while lower viscosity, mostly liquid mixture collects at a lower end of the freeze bag. However, this limitation is an inherent feature of the claims as the frozen phase of the primarily water-based associated mixture will become less dense than the liquid phase of the associated mixture causing it to float on the liquid phase of the mixture much like ice in a glass of water therefore, there is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference (MPEP 2112, Section II).
Regarding claim 20, Ravji as modified discloses the apparatus of claim 15 (see the combination of references used in the rejection of claim 15 above) wherein the plurality of physical elements include rollers (Porter, Fig. 1, roller elements 51-55). Further, the limitations of claim 20 are the result of the modification of references used in the rejection of claim 15 above.
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ravji as modified by Navarro and Porter as applied to claim 14 above, and further in view of Sakai et al. (US 20190337787), hereinafter Sakai.
Regarding claim 16, Ravji as modified discloses the apparatus of claim 14 (see the combination of references used in the rejection of claim 14 above).
However, Ravji does not disclose wherein the at least one physical element moves in a continuous loop with a first path in contact along the at least one flexible wall freeze bag, then away from the at least one flexible wall freeze bag in a second path, then again in contact with the at least one flexible wall freeze bag in another of the first path.
Sakai teaches wherein the at least one physical element moves in a continuous loop with a first path in contact along the at least one flexible wall freeze bag, then away from the at least one flexible wall freeze bag in a second path, then again in contact with the at least one flexible wall freeze bag in another of the first path (Fig. 1, endless transfer mechanism unit 60, motor 61; Fig. 12, endless transfer mechanism unit 60, roller parts 50; Pg. 5, paragraph 62-65, A plurality of the roller parts 50 are disposed on an opposite side of the discharge passage part 81 of the flexible container 80 from the pressure receiving part 40n, and are configured to press the discharge passage part 81 of the flexible container 80 from the side while moving around on a predetermined path, to push the discharge passage part 81 against the pressure receiving part 40 until the discharge passage part 81 is occluded at a pressing position. Each roller part 50 linearly moves sequentially in a direction moving away from the extrusion mechanism unit 10 while pressing the discharge passage part 81, to send out the content in the discharge passage part 81 to the outside. The direction in which each roller parts 50 presses the discharge passage part 81 of the flexible container 80 to push the discharge passage part 81 against the pressure receiving part 40 is parallel to the pressing direction of the pressing parts 11, 12. The endless transfer mechanism unit 60 is attached to a lower part of the support frame 20 via the pressure receiving part 40, and is configured such that the plurality of roller parts 50 are attached at a predetermined interval to an endless belt 62 that is driven by a motor 61 to move circulatingly, which causes the roller parts 50 to move and perform the above go-around movement; As best understood, see 112(b) rejections above).
Ravji fails to teach wherein the at least one physical element moves in a continuous loop with a first path in contact along the at least one flexible wall freeze bag, then away from the at least one flexible wall freeze bag in a second path, then again in contact with the at least one flexible wall freeze bag in another of the first path, however Sakai teaches that it is a known method in the art of consumable fluid dispensing to include wherein the at least one physical element moves in a continuous loop with a first path in contact along the at least one flexible wall freeze bag, then away from the at least one flexible wall freeze bag in a second path, then again in contact with the at least one flexible wall freeze bag in another of the first path. This is strong evidence that modifying Ravji as claimed would produce predictable results (i.e. dispensing fluid in a flexible wall container to provide a consumer food product). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ravji by Sakai and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of dispensing fluid in a flexible wall container to provide a consumer food product.
Regarding claim 17, Ravji as modified discloses the apparatus of claim 16 (see the combination of references used in the rejection of claim 16 above), wherein at the end of the first path a drive member that drives the plurality of physical elements moves around a first guide that is at one of a pulley or an idler shaft to the second path, and at the end of the second path the drive member moves around a second guide that is at least one of a pulley or an idler shaft to return to the first path (See annotated Fig. 10 of Sakai below, rollers 50 are connected to endless belt 62 and move around first guide pulley A and second guide pulley B; Pg. 5, paragraph 62-65, A plurality of the roller parts 50 are disposed on an opposite side of the discharge passage part 81 of the flexible container 80 from the pressure receiving part 40n, and are configured to press the discharge passage part 81 of the flexible container 80 from the side while moving around on a predetermined path, to push the discharge passage part 81 against the pressure receiving part 40 until the discharge passage part 81 is occluded at a pressing position. Each roller part 50 linearly moves sequentially in a direction moving away from the extrusion mechanism unit 10 while pressing the discharge passage part 81, to send out the content in the discharge passage part 81 to the outside. The direction in which each roller parts 50 presses the discharge passage part 81 of the flexible container 80 to push the discharge passage part 81 against the pressure receiving part 40 is parallel to the pressing direction of the pressing parts 11, 12. The endless transfer mechanism unit 60 is attached to a lower part of the support frame 20 via the pressure receiving part 40, and is configured such that the plurality of roller parts 50 are attached at a predetermined interval to an endless belt 62 that is driven by a motor 61 to move circulatingly, which causes the roller parts 50 to move and perform the above go-around movement). Further, the limitations of claim 17 are the result of the modification of references used in the rejection of claim 16 above.
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Regarding claim 18, Ravji as modified discloses the apparatus of claim 17 (see the combination of references used in the rejection of claim 17 above) wherein the plurality of physical elements include rollers (Porter, Fig. 1, roller elements 51-55). Further, the limitations of claim 18 are the result of the modification of references used in the rejection of claim 17 above.
Regarding claim 19, Ravji as modified discloses the apparatus of claim 16 (see the combination of references used in the rejection of claim 16 above) wherein the plurality of physical elements include rollers (Porter, Fig. 1, roller elements 51-55). Further, the limitations of claim 18 are the result of the modification of references used in the rejection of claim 16 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ito et al. (JP 2001095495) discloses a similar ice cream dispenser with a continuous loop of rollers.
Ravji et al. (WO 2010149509) discloses a similar apparatus for freezing a liquid into a frozen mixture.
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/DEVON MOORE/Examiner, Art Unit 3763 June 03rd, 2026
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