DETAILED ACTION
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 7, 9, 11-12, 14-15, 17, 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dress et al (US 9763542 B2).
Claim 1, Dress discloses a first end (26), a second end (16), and a sidewall (12) extending between the first and second ends, the sidewall defining an interior volume of the bowl (10; FIG 2), the second end of the bowl including an outlet (16) in fluid communication with an interior of the bowl;
a seal (118) configured to be arranged in a first position in which the seal covers at least one opening defined in the second end of the bowl, and a second position in which the seal does not cover the at least one opening; and
an access restraint member (114) extending inwardly from the sidewall to prevent exterior access to the interior volume of the bowl.
Claims 2 and 12, Dress discloses wherein the access restraint member (114) extends substantially perpendicular to the sidewall (12).
Claims 4 and 14, Dress discloses wherein a channel (116) is formed between the access restraint member and the outlet.
Claims 5 and 15, Dress discloses wherein, when the seal is in the second position, a gap is formed between the seal and the access restraint member (aperture 116 is opened when 118 is removed to allow access).
Claims 7 and 17, Dress discloses wherein, when the seal is in the first position, the seal abuts the access restraint member to close the gap (118 seals 116 by abutting 114).
Claims 9 and 19, Dress discloses wherein the outlet (16) is positioned near the second end of the bowl (12).
Claim 11, Dress discloses a first end (26);
a second end (16) including an outlet (16) in fluid communication with an interior volume of the bowl;
a sidewall (12) extending between the first and second ends,
an access restraint member (114) extending inwardly from the sidewall to prevent exterior access to the interior volume of the bowl; and
a dial (120) movable relative to the second end of the bowl, the dial comprising a seal configured to control extrusion of processed ingredients from the interior volume of the bowl through the outlet.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6, 10, 16, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dress et al as applied to claims 1 and 11 above.
Claims 6 and 16, Dress discloses the claimed invention except for the size of the gap. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the size of the gap between 0.5 cm to 1.5 cm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.05
Claims 10 and 20, Dress discloses the claimed invention except for access restraint member and sidewall are made of the same material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to select an appropriate material to make the sidewall and access restraint member in order to have the desired cost and material properties, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering choice. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination (MPEP 2144.07).
Allowable Subject Matter
Claims 3, 8, 13, 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
Prosecution Insights