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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "a bracket" and "a stand" have both been used to designate 14. 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 § 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 2-5 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 2 recites “the lower end of the front support frame is detachably connected to the bottom of the accommodation cavity” which renders the claim indefinite because it is unclear if the containment cavity and the accommodation cavity are the same cavities are different cavities. For examination purpose, the limitation will be interpreted to be one cavity (containment and accommodation are the same cavity) and clarity is advised.
Claims 3-5 are rejected based on dependency from rejected claim.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 7, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20200120951) in view of Cocchi et al (US 20170332659).
Regarding claim 1, Wang teaches a compact cold drink dispenser (fig. 5), comprising a casing (12), a bracket (annotated fig. below), a freezing cylinder (3), a compressor (1), a heat exchanger (2), a mixer (14), a drive motor (mixing motor, paragraph 0065), and a control panel (an electronic control panel, paragraph 0065); wherein the casing is provided with a containment cavity (annotated fig. below), the bracket is disposed within the containment cavity (annotated fig. below), and the bracket divides the containment cavity into a mixing and preparation layer (annotated fig. below) and a heat exchange and refrigeration layer (annotated fig. below); the mixer is installed inside the freezing cylinder (paragraph 0065), and the drive motor drives the mixer to rotate (paragraph 0065); the freezing cylinder, the drive motor, and the control panel are disposed in the mixing and preparation layer (fig. 6); the compressor and the heat exchanger are detachably connected to the heat exchange and refrigeration layer (unnumbered screw holes fig. 3); the control panel is electrically connected to both the drive motor and the compressor (paragraph 0065); wherein the compressor and the heat exchanger are connected through a heat exchange circulation pipeline (fig. 7), and the compressor is provided with a refrigeration circulation pipeline (fig. 7), which passes through the bracket (fig. 6); one end of the refrigeration circulation pipeline is connected to the cold source output end of the compressor (figs. 6-7), and the other end of the refrigeration circulation pipeline is connected to the heat source input end of the compressor (figs. 6-7) but fails to explicitly teach the compressor is provided with a refrigeration circulation pipeline is wound around the periphery of the freezing cylinder.
However, Cocchi teaches the compressor is provided with a refrigeration circulation pipeline (7) is wound around the periphery of the freezing cylinder (coil, paragraph 0070, fig. 1) to exchange heat with the product.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the compact cold drink dispenser of Wang to include the compressor is provided with a refrigeration circulation pipeline is wound around the periphery of the freezing cylinder in view of the teachings of Cocchi to exchange heat with the product.
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Regarding claim 7, the combined teachings teach the compressor is vertically installed (fig. 6 of Wang), so that the cylinder centerline of the compressor is perpendicular to the bottom of the casing (fig. 6 of Wang).
Regarding claim 9, the combined teachings teach the heat exchanger are located at the edge of the bracket and closely adjacent to the casing (fig. 6 of Wang).
Regarding claim 10, the combined teachings teach the cold drink dispenser is an ice cream machine (ice cream, paragraph 0001 of Wang).
Claim(s) 2, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20200120951) in view of Cocchi et al (US 20170332659) to claim 1 above, and further in view of Roberts et al (US 20250234892).
Regarding claim 2, in view of indefiniteness, the combined teachings teach the bracket comprises a front support frame (annotated fig. below of Wang), a horizontal plate (annotated fig. below of Wang), wherein the upper end of the front support frame is detachably connected to the front end of the horizontal plate (unnumbered bolt holes, Fig. 6 of Wang), and the lower end of the front support frame is detachably connected to the bottom of the accommodation cavity (unnumbered bolt holes, Fig. 6 of Wang); but fails to explicitly teach a first support plate, and a second support plate; the upper end of the first support plate is detachably connected to the rear end of the horizontal plate, and the lower end of the first support plate is detachably connected to the bottom of the accommodation cavity; the lower end of the second support plate is connected to the top surface of the horizontal plate; the upper end of the second support plate is detachably connected to the top of the accommodation cavity; wherein the first support plate and the casing cooperate to form a first accommodation chamber with the heat exchanger disposed therein; the second support plate and the casing cooperate to form a second accommodation chamber with the control panel disposed therein.
However Roberts teaches a first support plate (housing for 216), and a second support plate (plate for 222); the upper end of the first support plate is detachably connected to the rear end of the horizontal plate (unnumbered bolt holes, Fig. 2), and the lower end of the first support plate is detachably connected to the bottom of the accommodation cavity (unnumbered bolt holes, Fig. 2); the lower end of the second support plate is connected to the top surface of the horizontal plate (fig. 2, 22a-22b); the upper end of the second support plate is detachably connected to the top of the accommodation cavity (unnumbered bolt holes, fig. 2, 22a-22b); wherein the first support plate and the casing cooperate to form a first accommodation chamber (housing for 216) with the heat exchanger disposed therein; the second support plate and the casing cooperate to form a second accommodation chamber (housing for 222) with the control panel disposed therein to provide a detachably connectable mixing vessel configured to be easily installed and uninstalled from the frozen drink maker with minimal user effort.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the compact cold drink dispenser of the combined teachings to include a first support plate, and a second support plate; the upper end of the first support plate is detachably connected to the rear end of the horizontal plate, and the lower end of the first support plate is detachably connected to the bottom of the accommodation cavity; the lower end of the second support plate is connected to the top surface of the horizontal plate; the upper end of the second support plate is detachably connected to the top of the accommodation cavity; wherein the first support plate and the casing cooperate to form a first accommodation chamber with the heat exchanger disposed therein; the second support plate and the casing cooperate to form a second accommodation chamber with the control panel disposed therein in view of the teachings of Roberts to provide a detachably connectable mixing vessel configured to be easily installed and uninstalled from the frozen drink maker with minimal user effort.
Regarding claim 4, in view of indefiniteness, the combined teachings teach the heat exchanger is vertically installed in the first accommodation chamber (2208, fig. 22a of Roberts); and the first support plate is provided with a through hole (hole for 220, fig. 22a of Roberts), and a fan (2208) is disposed on one side of the through hole close to the compressor (Applicant has not disclosed that having a fan is disposed on one side of the through hole close to the compressor does anything more than produce the predictable result of allowing air to flow. Since it has been held that mere rearrangement of working parts of a device involves only routine skill in the art and has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. A, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the fan position of Roberts to be disposed on one side of the through hole close to the compressor and meet the claimed limitations in order to provide the predictable results of allowing air to flow).
Regarding claim 5, the combined teachings teach the rear side wall of the casing is provided with a first louvered heat dissipation window (2238 of Roberts) and a second louvered heat dissipation window (114 of Roberts, Applicant has not disclosed that having the rear side wall of the casing is provided a second louvered heat dissipation window does anything more than produce the predictable result of allowing air to flow. Since it has been held that mere rearrangement of working parts of a device involves only routine skill in the art and has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. A, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify a second louvered heat dissipation window position of Roberts to be provided on the rear wall and meet the claimed limitations in order to provide the predictable results of allowing air to flow), the positions of the first and second louvered heat dissipation windows being compatible with the position of the first and second accommodation chambers (fig. 22a and 24), respectively.
Regarding claim 6, the combined teachings teach the top surface of the casing is provided with a raw material inlet (106 of Roberts, 11 of Wang) connected to the feeding end of the freezing cylinder (paragraph 0067 of Roberts), and the front side wall of the casing is provided with an ice cream outlet (116 of Roberts, unnumbered dispenser Fig. 5 of Wang) connected to the discharging end of the freezing cylinder.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20200120951) in view of Cocchi et al (US 20170332659) to claim 1 above, and further in view of Kpabar (US 201500008242).
Regarding claim 8, the combined teachings teach the invention as described above but fail to explicitly teach the left side wall and/or right side wall of the casing is provided with a recessed cavity and an ice cream holder, one end of the ice cream holder being hinged to the recessed cavity, the size and shape of the recessed cavity being compatible with the ice cream holder.
However, Kpabar teaches the left side wall and/or right side wall (fig. 11) of the casing is provided with a recessed cavity (opening above 2) and an ice cream holder (2), one end of the ice cream holder being hinged to the recessed cavity (fig. 11), the size and shape of the recessed cavity being compatible with the ice cream holder (fig. 16) to provide for stowage of the cup holder.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the compact cold drink dispenser of the combined teachings to the left side wall and/or right side wall of the casing is provided with a recessed cavity and an ice cream holder, one end of the ice cream holder being hinged to the recessed cavity, the size and shape of the recessed cavity being compatible with the ice cream holder in view of the teachings of Kpabar to provide for stowage of the cup holder.
Allowable Subject Matter
Claim 3 is 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding claim 3, the subject matter which is considered to distinguish from the closest prior art of record, Wang (US 20200120951) in view of Cocchi et al (US 20170332659). The prior art of record teaches the horizontal plate in contrast to the claimed features the horizontal plate is recessed downward to form an installation recess, the bottom of the installation recess is provided with an inclined surface inclined towards one side of the casing in the length direction, and the fixed end of the drive motor abuts against the inclined surface, causing the drive motor to be inclined towards one side of the casing in the length direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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-Daryl 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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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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