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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species B, corresponding to claims 1-8, in the reply filed on 06/08/2026 is acknowledged.
Claims 9-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/08/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: a driven shaft 854 indicated as shown in Fig. 6H, a separate driven shaft 858 indicated as shown in Fig. 6I (filed specification [0075]). The drawings additionally reference figures (e.g., Fig. 4C and 4G in [0080], [0081], [0083], [0085]) that are not present.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: at least 807, 809, 811, 813, 817, 819, 821, 823, 825, 827, 829 in Figs. 6A-6C, all of the reference numbers associated with “FIG. 6J” in [0076]. The specification additionally fails to describe either briefly or in detail drawings including Figs. 6K-6M.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 and 6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Robinson et al., US 20090142466 A1.
Regarding claim 1, Robinson discloses a micro-puree machine (processing device, Abstract, that mixes and shears frozen food material to form an ice-cream like product, [0001], i.e., purees; note that the term “micro-puree” in the preamble does not require or imply any particular structure, and the body of the claim describes a structurally complete invention such that the recitation of purpose or intended use of the machine in the preamble is not further limiting, see MPEP 2111.02) comprising:
A housing (base portion 8, Fig. 2);
A bowl (mixing tube cylindrical 5 and conical section 6, Fig. 2) assembleable to the housing (releasably attached to the base 8, Fig. 2, [0077]), the bowl including a sidewall defining an interior volume (hollow and defining an interior volume containing auger 13, [0077], shown partially removed in Fig. 7), the sidewall extending between a first end of the bowl (first end of section 5 adjacent base 8, Fig. 2) and a second end opposite the first end (tapered end of section 6 at opposite side, Fig. 2), and an outlet provided adjacent the second end of the bowl (opening through section 6 leading to nozzle 7, Figs. 2 and 6); and
A removable nozzle (nozzle 7, Fig. 2, the nozzle being removable, [0079]) operatively connected to the outlet (connected to lower end of section 6, Figs. 2 and 6, [0079]).
Regarding claim 6, Robinson discloses the micro-puree machine of claim 1, wherein the removable nozzle defines a star-shaped opening (nozzle 7 has a star shape, Fig. 6, [0079]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al., US 20090142466 A1, as applied to claim 1, in view of Tuchrelo et al., US 20160316782 A1.
Regarding claim 2, Robinson discloses the micro-puree machine of claim 1. Robinson discloses the nozzle is removably connected to the outlet ([0046], [0079]) but is silent as to the removable nozzle comprising a protrusion, and a corresponding slot is defined in the outlet to receive the protrusion and secure the removable nozzle to the outlet.
In the analogous art, Tuchrelo discloses a machine including a removable nozzle assembly through which soft serve food products can be dispensed (Abstract). Tuchrelo discloses a nozzle 70 being removably connected to a dispenser 10 via a coupler 60 and adapter 20 integrated with the nozzle and the dispenser, respectively (Figs. 5-6, [0054]-[0055], [0059]). Tuchrelo teaches the nozzle coupler including a protrusion (tabs, [0029]) and a corresponding slot being provided in the outlet adapter (peripheral groove with axial slots, [0029]) to receive the protrusion and secure the nozzle coupler to the outlet adapter ([0029], where slots/recesses are generally intended to receive tabs for coupling engagement, [0034]-[0035], [0063]). Tuchrelo teaches such a coupling arrangement establishes a releasably engageable operable connection with a unique orientation of the nozzle ([0025]-[0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection between the removable nozzle and outlet of Robinson to specify the removable nozzle comprises a protrusion, and a corresponding slot is defined in the outlet to receive the protrusion and secure the removable nozzle to the outlet in order to establish a known means for removably connecting a dispensing nozzle to a dispenser outlet and for maintaining a unique orientation of the nozzle as taught by Tuchrelo.
Regarding claim 3, modified Robinson discloses the micro-puree machine of claim 2, wherein the slot comprises a first portion extending axially with the outlet and a second portion extending circumferentially about the outlet (Tuchrelo: axial slots and peripheral groove, with the recesses/slots being associated with the outlet adapter, [0029], recesses that allow for axial translation and then rotation in annular guideway, [0035]).
Regarding claim 4, modified Robinson discloses the micro-puree machine of claim 3, wherein the first portion extends substantially perpendicularly to the second portion (Tuchrelo: axial translation and then rotation between tab and recess, [0029], [0035], axial translation being relatively up/down, and rotation being about the same axis, i.e., within a recess/slot portion substantially perpendicular, see Figs. 5-6).
Regarding claim 8, Robinson discloses the micro-puree machine of claim 1. Robinson discloses the removable nozzle includes a circumferential gripping portion (circumferential/ annular edge around exterior of nozzle 7 capable of being gripped, Fig. 2). Robinson is silent as to a particular connection type and thus as to the circumferential gripping portion functioning to rotate the nozzle from the outlet.
In the analogous art, Tuchrelo as set forth above discloses a nozzle coupling arrangement comprised of a mating tab and slot arrangement ([0029]) for securing the nozzle coupler to the outlet adapter ([0029]), where slots/recesses are generally intended to receive tabs for releasable engagement by rotation ([0034]-[0035], [0063]). Tuchrelo teaches the coupling arrangement establishes a releasably engageable operable connection with a unique orientation of the nozzle ([0025]-[0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adopt the connection technique by rotation as taught by Tuchrelo between the removable nozzle and outlet of Robinson, such that the circumferential gripping portion functioned to rotate the nozzle from the outlet, to provide a known means for removably connecting a dispensing nozzle to a dispenser outlet and for maintaining a unique orientation of the nozzle as taught by Tuchrelo.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al., US 20090142466 A1, as applied to claim 1, in view of Johnson et al., US 20170267441 A1.
Regarding claim 5, Robinson discloses the micro-puree machine of claim 1. Robinson does not disclose the removable nozzle comprises at least a flexible portion defining an opening.
In the analogous art, Johnson discloses a system for food processing and dispensing ([0002]) including a nozzle for dispensing a viscous food paste (spout 417, Figs. 15-16, [0092]) with a flexible portion defining an opening (flexible nozzle 16/116, Figs. 15-16, [0092], [0098]). Johnson teaches the flexible portion defining the opening is configured to flex to an open position under force from a pressurized supply flow of the viscous food product and return to a closed position once the supply flow ceases, thereby functioning as a valve and reducing an amount of food paste remaining attached to an external face of the outlet ([0013]-[0014], [0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the nozzle of Robinson to include a flexible portion defining an opening in order to provide a valve effect reducing an amount of food product remaining connected to an external face of the material outlet upon cessation of the dispensing flow as taught by Johnson.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al., US 20090142466 A1, as applied to claim 1, in view of Hosoda et al., WO 2012153381 A1 (Espacenet translation attached and referenced below).
Regarding claim 7, Robinson discloses the micro-puree machine of claim 1. Robinson discloses the removable nozzle having a star shape but teaches that the nozzle can have different shapes in order to produce varying shapes with a different aesthetic appeal ([0046], [0079]). Robinson is silent as to the nozzle defining a hexagon-shaped opening.
In the analogous art, Hosoda discloses a filling nozzle for dispensing soft frozen products (soft serve ice cream machine with filling nozzle, p. 4 last paragraph – p. 5 first paragraph). Hosoda teaches that the shape of the dispensing nozzle can be a star or other shapes such as a hexagon for achieving a shaped product that is easy to stack (p. 7, last line – p. 8 first paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the shar-shaped nozzle opening of Robinson with another shape such as a hexagon as a substitution of one known nozzle shape for another yielding predictable results of dispensing a soft food product in a shape that facilitates stacking as taught by Hosoda. See MPEP 2143(I)(B). Note also that a change in shape of an element otherwise serving the same function is generally considered a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant (MPEP 2144.04(IV)(B)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20030031083 A1, Saunders et al., and US 4796784 A, Spirk et al., disclose relevant food processing devices.
US 20140374519 A1, Davis et al. disclose a blending and dispensing device with a removable nozzle assembly (Fig. 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER L GROUX whose telephone number is (571)272-7938. The examiner can normally be reached Monday - Friday: 9am - 5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.G./Examiner, Art Unit 1754
/LARRY W THROWER/Primary Examiner, Art Unit 1754
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