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 .
Acknowledgement is made of the preliminary amendment filed on 1/27/2025. Accordingly, claims 1-20 are pending for consideration on the merits in this Office Action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/16/2024 and 3/5/2025 were filed on or after the mailing date of the application. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Allowable Subject Matter
Claims 1, 12 and 18 are cited for containing allowable subject matter. All dependent claims dependent therefrom are also cited for containing allowable subject matter.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,193,454, hereinafter the “454 Patent”. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 1, 454 Patent teaches an ice cream making assembly [claim 1], comprising:
a mixing bowl [claim 1 including: an outer housing extending from an upper rim toward a base of the mixing bowl, the base being configured to couple with a base of the mixing appliance [claim 1]; and
an inner liner disposed within the outer housing to define a wall cavity therebetween, the inner liner defining a food-product receiving cavity having an upper edge spaced beneath and inset with respect to the upper rim and a sidewall extending downwardly and inwardly from the upper edge, the inner liner further defining an overflow area positioned above the food-product receiving cavity and extending outwardly from the upper edge toward the upper rim [claim 1];
a dasher including a center axle extending along an axis from an input end of the center axle the dasher further including first and second mixing arms having side portions spaced outwardly from the center axle to engage with the sidewall of the food-product receiving cavity, the input end of the center axle defining a first clutch plate [claim 1]; and
a drive assembly including a second clutch plate operably engageable with the first clutch plate, the second clutch plate being under a bias against the first clutch plate and movable against the bias to selectively release from the first clutch plate [claim 1].
Regarding Claim 2, the 454 Patent teaches the invention of claim 1 above and teaches wherein the inner liner has an arc-shaped outer cross-sectional profile [claim 1; where the inner liner follows the contour of the outer liner].
Regarding Claim 3, the 454 Patent teaches the invention of claim 1 above and teaches wherein the dasher extends to an anchor end contacting a central portion of the inner liner within the food-product receiving cavity [claim 1].
Regarding Claim 4, the 454 Patent teaches the invention of claim 1 above and teaches wherein the engagement between the first clutch plate and the second clutch plate is such that the drive assembly can cause rotation of the dasher within the food-product receiving cavity [claim 1].
Regarding Claim 5, the 454 Patent teaches the invention of claim 1 above and teaches wherein the drive assembly further includes an input plate defining a channel configured to engage with a gear housing on an output of a mixing appliance [claim 1].
Regarding Claim 6, the 454 Patent teaches the invention of claim 1 above and teaches wherein the overflow area is defined by an upper surface of the inner liner that extends outwardly from the upper edge of the food-product receiving cavity to a base edge defined beneath the upper rim of the outer housing, the base edge defining an outer diameter of the upper surface that is greater than an inner diameter defined by the upper edge of the food-product receiving cavity [claim 2].
Regarding Claim 7, the 454 Patent teaches the invention of claim 1 above and teaches wherein the mixing bowl further includes a radiator fin unit received within the wall cavity, the radiator fin unit defining an outer profile extending along a first portion of the arc-shaped cross-sectional profile adjacent the upper rim, a chamfered portion extending along a second portion of the arc-shaped cross-sectional profile between the first portion and the base, and a tapered inner profile extending along the sidewall of the inner liner and in at least partial contact therewith [claim 3].
Regarding Claim 8, the 454 Patent teaches the invention of claim 7 above and teaches wherein: the wall cavity tapers from a wider cross-section toward the upper edge toward a base of the mixing bowl; and the mixing bowl further includes a phase-change medium filling a further portion of the wall cavity surrounding at least a portion of the radiator fin unit, the tapering of the wall cavity being such that the phase change medium is retained toward an upper portion of the food receiving cavity [claim 4].
Regarding Claim 9, the 454 Patent t teaches the invention of claim 1 above and teaches wherein the dasher further defines a circular flange surrounding the first clutch plate and extending upwardly therefrom opposite the anchor end of the center axle, the second clutch plate being operably receivable within the circular flange [claim 5].
Regarding Claim 10, the 454 Patent teaches the invention of claim 1 above and teaches wherein an outer bowl includes first and second handles extending from opposite sides thereof, the handles each defining a respective boss for receiving a retention pin of a bowl lift mechanism associated with a stand mixer [claim 6].
Regarding Claim 11, the 454 Patent teaches the invention of claim 1 above and teaches wherein the inner liner defines an upper surface extending outwardly from a sidewall of the food-product receiving cavity to an upper lip of the outer housing, the sidewall defining an inner diameter at an intersection of with the upper surface of about 160 mm, the upper lip defining an outer diameter of about 206 mm [claim 7].
Regarding Claim 12, the 454 Patent teaches a dasher assembly for a stand-mixer mounted ice cream maker [claim 8], comprising:
a dasher including a center axle extending along an axis from an input end of the center axle to an anchor end contacting a central portion of the inner liner, the dasher further including first and second mixing arms spaced from the center axle and positionable within the food-product receiving cavity in contact with respective portions of the sidewall, the input end of the center axle defining a first clutch plate [claim 8]; and
a drive assembly including a second clutch plate operably engageable with the first clutch plate, the second clutch plate being biased against the first clutch plate and movable against the bias to selectively release from the first clutch plate [claim 8, where the ice cream maker claims the recited dasher assembly].
Regarding Claim 13, the 454 Patent teaches the invention of claim 12 above and teaches wherein: the engagement between the first clutch plate and the second clutch plate is such that the drive assembly can cause rotation of the dasher within the food-product receiving cavity to move the mixing arms along the sidewall; and the drive assembly further including an input plate defining a channel configured to engage with a gear housing on an output of the stand mixer [claim 8].
Regarding Claim 14, the 454 Patent teaches the invention of claim 12 above and teaches wherein the dasher further defines a circular flange surrounding the first clutch plate and extending upwardly therefrom opposite the anchor end of the center axle, the second clutch plate being operably receivable within the circular flange [claim 9].
Regarding Claim 15, the 454 Patent teaches the invention of claim 12 above and teaches wherein the channel of the input plate includes a plurality of compressible inserts spaced along a length of the channel on opposite sides thereof [claim 10].
Regarding Claim 16, the 454 Patent teaches the invention of claim 12 above and teaches wherein the channel is tapered to selectively engage with one of a plurality of gear housings, including the gear housing, the plurality of gear housings having varying configurations [claim 11].
Regarding Claim 17, the 454 Patent teaches the invention of claim 12 above and teaches wherein the first and second mixing arms each define, in a cross-sectional profile thereof, a scraping portion having a leading and extending at an acute angle with respect to a tangent of the leading edge along a rotational path of the dasher, the cross-sectional profile further having an agitation rib extending from the scraping portion away from the inner surface at an obtuse angle with respect to the tangent [claim 12].
Regarding Claim 18, the 454 Patent teaches a mixing bowl for an ice cream maker [claim 13], comprising:
an outer housing extending from an upper rim and to a base of the mixing bowl [claim 13];
an inner liner disposed within the outer housing to define a wall cavity between the outer housing and the inner liner, the inner liner defining a food-product receiving cavity, the wall cavity defining a first portion extending from the upper rim of the housing and a second portion tapering from a wider cross-section to a narrower cross section disposed toward the base [claim 13];
a radiator fin unit received within the wall cavity, the radiator fin unit defining an outer profile extending along outer housing within the first portion of the wall cavity and a chamfered portion extending within the second portion of the wall cavity, the chamfered portion defining a tapered shape of the radiator fin unit that fits within the tapering of the second portion of the wall cavity [claim 13]; and
a phase-change medium received within the wall cavity and surrounding at least a portion of the radiator fin unit [claim 13].
Regarding Claim 19, the 454 Patent teaches the invention of claim 18 above and teaches wherein: the outer housing defines an arc-shaped cross-sectional profile to at least partially define the first and second portions of the wall cavity with the inner liner; and the tapering of the wall cavity is such that the phase change medium is retained toward an upper portion of the food receiving cavity [claim 13].
Regarding Claim 20, the 454 Patent teaches the invention of claim 18 above and teaches wherein the radiator fin unit includes: a plurality of fins extending radially outward between the inner liner and the outer housing; a plurality of inner connectors positioned adjacent the inner liner joined between adjacent ones of the plurality of fins and extending along a height of the radiator fin unit [claim 18];
and a plurality of outer connectors positioned adjacent the outer housing and joined between adjacent ones of the ribs, the chamfered portion of the radiator fin unit extending below the outer connectors [claim 18].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Frankel et al. (US4015945);
Gillette et al. (US2013/0153572);
Hoare et al. (US2014/0050045).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
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