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 .
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.
Claim 6 is 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 6 recites “the convex fixing plate” which lacks antecedent basis. For the purpose of examination, claim 6 will be treated as depending from claim 5.
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.
(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) 1-4 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lerman et al (US 2025/0234894).
Regarding claim 1, Lerman discloses a slush machine, comprising
a stirring assembly, a refrigeration assembly, and a discharge assembly,
wherein the stirring assembly comprises a support rack (220) and a stirring mechanism provided on the support rack; the stirring mechanism comprises a protective housing (122), a drive motor (208), and a scraper (204);
the refrigeration assembly comprises an evaporator (202); the evaporator is provided on the support rack;
the drive motor is connected to the scraper through the evaporator ([0035]);
and the protective housing is sleeved on the drive motor (208); and
the discharge assembly comprises a storage housing (104) and a discharge cartridge (108); the storage housing is provided horizontally; a storage chamber (chamber including dasher/scraper 204) is formed in the storage housing; the discharge cartridge (108) is provided vertically and communicates with the storage chamber; the storage housing is fixed on the support rack; the evaporator and the scraper are located in the storage chamber ([0035]); a feed inlet (106) is formed in the storage housing; a feed clapboard (107) is provided under the feed inlet; and an elongated feed hole (109; best shown in figure 7) is formed in the feed clapboard ([0056]).
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Regarding claim 2, Lerman discloses wherein the protective housing (102) is connected to the storage housing (122; [0033]); a fixing portion (vertical wall/fixing portion shown between dasher/cylinder and motor space as shown in figure 2) is provided at a junction between the protective housing and the storage housing; the fixing portion is provided vertically; the feed clapboard (107) is provided obliquely; the feed hole (109) is formed in a lower position of the feed clapboard (shown in figure 7); the feed hole is formed along a length direction of the evaporator (the evaporator is along the axial direction of the cylinder); and a longitudinal cross-section of the feed hole is gradually increased from the fixing portion to a direction away from the protective housing ([0056] describes the shape of 109; as shown in figure 7 the hole or aperture 109 has a curved end thus following the curvature of the end provides for a gradual increase in cross section).
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Regarding claim 3, Lerman discloses a fixation assembly and an enclosure assembly (components of fixation assembly and enclosure assembly identified in annotated figures below), wherein the fixation assembly comprises a chassis as well as a first fixing rack and a second fixing rack provided on the chassis;
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the enclosure assembly comprises a front vertical plate, a rear vertical plate, a first side vertical plate, and a second side vertical plate surrounding a periphery of the chassis; and the first fixing rack and the second fixing rack are respectively located at a bottom of a front end and a bottom of a rear end of the support rack, and are fixedly connected to the support rack.
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Regarding claim 4, Lerman discloses the refrigeration assembly further comprises a condenser (216); the fixation assembly further comprises a fixing frame (fixing frame shown in figure 2 connecting condenser 216 to the second fixing rack, the second fixing rack is identified in annotated figure at claim 3); the fixing frame is provided at a side of the second fixing rack; an air duct (fan shown in figure 2 adjacent to the condenser 216, the fan forms an air duct) is formed in the fixing frame; first vertical rods are respectively provided at two sides of the first fixing rack; second vertical rods are respectively provided at two sides of the second fixing rack (first and second fixing racks, identified in annotated figure at claim 3, include vertical rods); the condenser comprises end plates; the end plates are respectively provided at an upper side and a lower side of the condenser, and are fixed on the fixing frame; and the fixing frame is fixed on the second fixing rack.
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Regarding claim 10, Lerman discloses 1- the refrigeration assembly further comprises a throttle tube and an air return tube; a compressor (214) communicates with an inlet of a condenser (216); the condenser (216) communicates with the evaporator (202) through the throttle tube; the evaporator communicates with the compressor through the air return tube; the throttle tube is arranged along the air return tube; and a middle section of the throttle tube is fixed on a middle section of the air return tube in a winding manner; and a heat dissipation hole is formed in a bottom of the support rack; the heat dissipation hole is located under the drive motor; and both the air return tube and the throttle tube pass through the heat dissipation hole downwardly from one end of the evaporator.
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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) 5, 7-9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lerman et al (US 2025/0234894) in view of Bayer (“Snap-Fit joints for Plastics”).
Regarding claim 5, Lerman discloses vertical fixing plates are respectively provided at two sides of the fixing frame; a convex fixing plate is provided at a front side of the fixing vertical plate; a side of the convex fixing plate close to the second fixing rack is protruded; a frame fixing hole provided on the convex fixing plate; a stud hole formed in the second vertical rod; and the stud hole corresponds to the frame fixing hole (shown in annotated figure below).
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Lerman lacks the frame limiting fastener and frame limiting hole.
Bayer evidences a frame limiting hole and frame limiting fastener for making a connections (figure 3 of page 5).
It would have been obvious to one of ordinary skill in the art to have provided Lerman with a snap-fitting as disclosed by Bayer in the form of a frame limiting fastener are provided on the convex fixing plate; a frame limiting hole are formed in the second vertical rod; and the frame limiting fastener is buckled into the frame limiting hole in order to facilitate assembly of the device and provide robust connection.
Regarding claim 7, Lerman discloses 7. The slush machine according to claim 3, wherein a support flange is provided at an edge of the chassis; the support flange is protruded from an outer sidewall of the chassis; support pedestals are respectively provided at an inner bottom of the first side vertical plate and an inner bottom of the second side vertical plate.
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Lerman is silent concerning a fixing hole as claimed.
Bayer discloses a bottom fixing hole is formed in a support pedestal; a bottom of the support flange abuts against the support pedestal; and the chassis is fixed in the bottom fixing hole (connection shown in figure 3 at page 5).
It would have been obvious to one of ordinary skill in the art to have provided Lerman with the fixing hole and abutting connection as taught by Bayer in order to provide robust and quick connection between said components.
Regarding claims 8 and 9, Lerman discloses the first and second vertical support plates are joined at a front (U-shaped feature near 118 of figure 1) but is silent concerning a means of fixing.
Bayer discloses joining support portions with protrusions and connecting holes as well as limiting bumps (shown in various snap fit connections, e.g. fig 3 of page 5).
It would have been obvious to one of ordinary skill in the art to have provided Lerman with the snap-fit connection as taught by Lerman in order to provide rapid and inexpensive connection of the components.
Regarding claim 11, Lerman discloses a bracket (118) is further provided under the discharge cartridge (116); but lacks a connecting hook and hanger.
Bayer discloses connecting structures including hooks, hangers, slots, holes, and plates (shown in various snap fit connections, e.g. fig 3 of page 5).
It would have been obvious to one of ordinary skill in the art to have provided Lerman with the snap-fit connection as taught by Lerman in order to provide rapid and inexpensive connection of the components.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lerman et al (US 2025/0234894), in view of Bayer (“Snap-Fit joints for Plastics”), and in further view of Chhajed et al (US 11,719,486).
As was noted above, for the purpose of examination claim 6 is treated as depending from claim 5.
Regarding claim 6, Lerman, as modified, discloses the slush machine of claim 5, but lacks the side baffles as claimed.
Chhajed discloses a fixing frame further comprises a frame plate and side baffles; the side baffles are respectively provided at a left side and a right side of the frame plate, and extend away from the convex fixing plate; the side baffles enclose a heat dissipation channel; condenser fixing plates are respectively provided at an upper side and a lower side of the frame plate; the end plate is fixed on the condenser fixing plate; a side of the frame plate away from the condenser is provided with a fan fixing hole and a fan limiting post; the refrigeration assembly further comprises a cooling fan; and the cooling fan is inserted into the fan limiting post and fixed on the fan fixing hole.
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It would have been obvious to one of ordinary skill in the art to have provided Lerman with the frame plate and side baffles of Chhajed in order to securely fit the fan and condenser to the assembly. Moreover as Lerman is silent concerning precise means for fixing the fan, however some solution is necessarily present it falls to mere selection of an identified predictable solution such as that provided by Chhajed in order to make or use the invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lerman et al (US 2025/0234886) slush machine.
Tinsler (US 4,471,63) condenser mounting features.
Kawabata (US 10,365,028) condenser and fan mounting features.
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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