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 .
Information Disclosure Statement
Over 2400 references have been submitted on the IDS. Applicants should note that the large number of references in the attached IDS have been considered by the Examiner “in the same manner as other documents in Office search files are considered by the Examiner while conducting a search of the prior art in a proper field of search.” See MPEP § 609.05(b). Care should be taken in the future to only submit those references which are 'material to patentability' of the instant application. 37 CFR 1.56
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification and claims are inconsistent with the use of first and second sections, e.g. claim 1 provides the first section includes a heat exchanger while [0195] provides that the second section includes a heat exchanger.
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 recites “a heat exchanger” which lacks clear antecedent basis to the “evaporator”. Claim 11 recites similar. An evaporator is a heat exchanger. These terms are related as genus-species.
Claims 3 and 13 recite “into an interior of a mixing vessel”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The accepted meaning of interior is “situated within or inside” while the first section as shown is on the exterior of the drink maker. The term is indefinite because the specification does not clearly redefine the term.
Claim 19 recites “a mixing vessel” which lacks antecedent basis to the same of claim 11.
Claims depending from a rejected claim are rejected due to their dependency.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Booth et al (US 3,400,551).
Regarding claim 1, Booth discloses an evaporator for a drink maker comprising:
a base section (bottom of cylinder, identified below);
a first section adjacent the base section; and
a second section adjacent the first section; and
wherein the first section includes a heat exchanger (22) that provides a cooling effect; and
wherein the second section does not include any portion of the heat exchanger (identified in annotated figure below).
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Regarding claim 2, Booth discloses the first section and the second section are integral with each other.
Regarding claim 3, Booth discloses wherein the first section extends away from the second section and into an interior of a mixing vessel of the drink maker (the heat exchanger 22, which defines the first section extends towards an axial center, which is inclusive of the interior, of the drink maker from the second section).
Regarding claim 4, Booth discloses a housing (12) comprising a first portion and a second portion; and wherein the first section comprises a first cavity that is defined based on the first portion of the housing, wherein the first cavity is sized and configured to receive the heat exchanger (first section as identified in claim 1 is within the first portion); and wherein the second section comprises a second cavity that is defined based on the second portion of the housing, wherein the second cavity is sized and configured to receive an insulation material (18).
Regarding claim 5, Booth discloses the insulation material is configured to insulate the second section from a cooling effect provided by the heat exchanger (the purpose of insulation is to insulate).
Regarding claim 6, Booth discloses an exterior surface of the first portion and the second portion of the housing comprises a cylindrical shape (“cylindrical main body 12” 2:15).
Regarding claim 7, Booth discloses a length of the first section is 50 percent or more of an overall length of the first section and the second section combined (shown in figure 1, moreover the claim does not require any particular limitation to the size of the section other than what is explicitly stated. It is within the scope of the claim to select some sub-section of each section to make any ratio).
Regarding claim 8, Booth discloses the heat exchanger (22) comprises at least one evaporator coil, wherein the at least one evaporator coil is positioned concentrically with regard to a center axis of the second section.
Regarding claim 9, Booth discloses the heat exchanger (22) is a component of a cooling circuit (24) that is configured to cool a drink product within a mixing vessel (16) of the drink maker.
Regarding claim 10, Booth discloses the heat exchanger is configured to receive refrigerant from a compressor of the cooling circuit (“the refrigeration unit 24 includes a compressor and the like” 2:24-25).
Regarding claim 11, Booth discloses a drink maker comprising:
a mixing vessel (12); and
an evaporator (16) positioned within the mixing vessel, wherein the evaporator comprises:
a flange (flange at connection with 32);
a first section adjacent the flange; and
a second section adjacent the first section; and
wherein the first section comprises a heat exchanger (22) that provides a cooling effect; and
wherein the second section is independent of the heat exchanger.
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Regarding claim 12, Booth discloses the first section and the second section are integral with each other (shown in figure 1).
Regarding claim 13, Booth discloses the first section extends away from the second section and into an interior of a mixing vessel of the drink maker (the heat exchanger, which defines the first section extends towards an axial center, which is inclusive of the interior, of the drink maker from the second section)..
Regarding claim 14, Booth discloses the evaporator further comprises: a housing (26) comprising a first portion and a second portion; and wherein the first section comprises a first cavity that is defined based on the first portion of the housing, wherein the first cavity is sized and configured to receive the heat exchanger (first section as identified in claim 11 is within the first portion); and wherein the second section comprises a second cavity that is defined based on the second portion of the housing, wherein the second cavity is sized and configured to receive an insulation material (18).
Regarding claim 15, Booth discloses the insulation material is configured to insulate the second section from a cooling effect provided by the heat exchanger (insulating is the purpose of insulation).
Regarding claim 16, Booth discloses an exterior surface of the first portion and the second portion of the housing comprises a cylindrical shape (“cylindrical main body” 2:14-15).
Regarding claim 17, Booth discloses a length of the first section is 50 percent or more of an overall length of the first section and the second section combined (shown in figure 1, moreover the claim does not require any particular limitation to the size of the section other than what is explicitly stated. It is within the scope of the claim to select some sub-section of each section to make any ratio).
Regarding claim 18, Booth discloses the heat exchanger (22) comprises at least one evaporator coil, wherein the at least one evaporator coil is positioned concentrically with regard to a center axis of the second section.
Regarding claim 19, Booth discloses the heat exchanger is a component of a cooling circuit (24) that is configured to cool a drink product within a mixing vessel of the drink maker.
Regarding claim 20, Booth discloses the heat exchanger is configured to receive refrigerant from a compressor of the cooling circuit (“the refrigeration unit 24 includes a compressor and the like” 2:24-25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goch et al (US 5,706,720) frozen drink maker
Parekh et al (US 5,463,878) chilled drink dispenser
Additional references cited are directed to evaporator arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
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