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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “herringbone structure” and “transverse basal plane” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 1-10 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.
Re claim 1, It is unclear whether the storage cup within the limitations below refers to each of the storage cups or a specific storage cup:
“a power unit (7) connected to the claw (6) is installed in the housing (1); a grinding component (8) is provided in the storage cup”
“a snap ring (9) fitting with the claw (6) is formed in a surface of the storage cup”
“wherein when the storage cup (2) is inserted into the mounting base”
Re claim 2, It is unclear whether the storage cup within the limitations below refers to each of the storage cups or a specific storage cup:
“a mounting disc (13) is provided on the surface of the storage cup (2) in a protruding manner”
“wherein when the storage cup (2) is inserted into the mounting base (3), the self-locking device (14) locks the mounting disc”
It is unclear what structure is being claimed by a circle within the limitation “a circle of convex edge is provided on a periphery of the mounting disc.” For examination purposes, a circle is interpreted to mean a structure with a circular shape.
Re claim 3, It is unclear whether the storage cup within the limitations below refers to each of the storage cups or a specific storage cup:
“when the storage cup (2) is inserted into the mounting base”
“the storage cup (2) is pushed inwards”
“the self-locking device (14) is pushed by the storage cup”
The term “necessary” in claim 3 is a relative term which renders the claim indefinite. The term “necessary” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Re claim 4, It is unclear whether the storage cup within the limitations below refers to each of the storage cups or a specific storage cup:
“wherein the storage cup (2) comprises a cup body”
Re claim 6, The terms “close” and “away” in claim 6 are relative terms which renders the claim indefinite. The terms “close” and “away” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Re claim 8, It is unclear what ladder-shaped means within the limitation “wherein an outer surface of the cup body is ladder-shaped.”
Claims 1-10 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.
Re claim 9, It is unclear whether the storage cup within the limitations below refers to each of the storage cups or a specific storage cup:
“when the storage cup (2) is inserted into the mounting base”
The term “regularly” in claim 9 is a relative term which renders the claim indefinite. The term “regularly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 1-10 rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claims are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. It is unclear whether the applicant is claiming the apparatus for grinding, or a method of using the grinder. The structure must be organized and correlated in such a manner as to present a complete operative device. The claims must be in one sentence form only. Note the format of the claims in the patents cited.
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.
Claims 1-3, and 7 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Li et al. (hereinafter “Li”) (CN 114652179 A).
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Re claim 1, Li discloses: A grinder with easy-to-replace storage cups, [para. n0007](figs. 1 and 2) comprising a housing (11)(fig. 4) and at least two storage cups, (2)(fig. 2)[para. n0017](The invention allows for the use of different mixing cups containing different seasonings, therefore there are at least two storage cups.) wherein one end of the housing (bottom end of element 11 in fig. 4) is provided with a mounting base (11a)(modified fig. 4 above) fitting with a structure of each storage cup; (16)(fig. 4)[para. n0017] the mounting base comprises a bottom plate (15a)(modified fig. 4 above)(The structure 15 comprising a bottom plate sits inside of mounting base 11a.) and an outer ring; (11b)(The bottom end is ring shaped.) a claw (15b)(modified fig. 4 above) is provided at the bottom plate; (fig. 4) a power unit (12)(figs. 3 and 6) connected to the claw (fig. 6 and modified fig. 4 above) is installed in the housing; (fig. 6) a grinding component (3, 41, 42, 22)(fig. 6) is provided in the storage cup; a snap ring (51a)(modified fig. 4 above and fig. 6) fitting with the claw (fig. 3) is formed in a surface of the storage cup; (fig. 6)(The snap ring is adhered to a surface of the storage cup therefore is formed in a surface of the storage cup.) and the snap ring is connected to the grinding component, (fig. 6) wherein when the storage cup is inserted into the mounting base, (fig. 6) the claw is embedded into the snap ring; (fig. 6 and modified fig. 4 above)(The claw embeds into the snap ring.) the power unit works to drive the claw to rotate, so as to drive the snap ring to rotate; and rotation of the snap ring drives the grinding component to work. [para. n0007](fig. 6)(The power unit (12) drives the rotating shaft (13) in which the mounting base and claw are attached to, therefore the claw rotates. When the claw is embedded into the snap ring, the snap ring also rotates. The snap ring then drives the grinding component to work.)
Re claim 2, Li discloses: The grinder with easy-to-replace storage cups according to claim 1, wherein the bottom plate is further provided with a self-locking device; (7, 71)(figs. 4 and 6)(When the grinder is assembled, the self-locking device is provided on the bottom plate as shown in disassembled form in fig. 6)[para. n0017] a mounting disc (7a)(modified fig. 6 above) is provided on the surface of the storage cup in a protruding manner; (figs. 4 and 6)(When assembled, the mounting disc is provided on the surface of the storage cup in a protruding manner.) and a circle of convex edge [para. n0031](A mushroom shaped head is a circle of convex edge.) is provided on a periphery of the mounting disc, (figs. 4 and 6) wherein when the storage cup is inserted into the mounting base, the self-locking device locks the mounting disc. (fig. 6)[para. n0031](When assembled, the self-locking device locks the mounting disc.)
Re claim 3, Li discloses: The grinder with easy-to-replace storage cups according to claim 2, wherein the self-locking device is a push-type self-locking spring clip; (71)(fig. 6)[para. n0028](The element 71 is a part of the self-locking device and this element is a push-type self-locking spring clip.) when the storage cup is inserted into the mounting base, the self-locking device is pushed by an applied force, and in this case, the self-locking device clamps and locks the mounting disc; [para. n0017](Since pressing a button unlocks the self-locking device, separating the mounting base from the storage cup, there is an applied force that pushes the self-locking device when the storage cup is inserted into the mounting base and the self-locking device clamps and locks the mounting disc.) and when it is necessary to dismount the storage cup, the storage cup is pushed inwards, so that the self-locking device is pushed by the storage cup, and in this case, the self-locking device unlocks to release the mounting disc. [para. n0017](When dismounting the storage cup, a button is pushed to move the self-locking assembly thereby pushing the storage cup inwards so that the self-locking device is pushed by the storage cup and the self-locking device unlocks to release the mounting disc.)
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Re claim 7, Li discloses: The grinder with easy-to-replace storage cups according to claim 1, wherein a transverse basal plane of the claw is of a herringbone structure; (Planes are imaginary features. A person with ordinary skill in the art can appreciate being able to imagine or arbitrarily choose a plane in the transverse basal direction having a herringbone structure.) a groove (201g)(modified fig. 2 above) is provided in one side face of the snap ring; (modified fig. 2 above) a plurality of baffles (201b)(modified fig. 2 above) are provided in a wall surface of the groove; (modified fig. 2 above) the claw extends into the groove and is connected to the baffles in a contact manner; (fig. 4 and 6)(The claw extends into the groove and is connected to the baffles in a contact manner.) a snap groove (512)(modified fig. 4 above) is provided in another side face of the snap ring; (modified fig 4 above)(The snap groove is provided on the bottom side face of the snap ring, whereas the groove is provided on the top side face of the snap ring.) the grinding component (3, 41, 42, 22)(fig. 7) is connected to a shaft piece; (52)(fig. 6)(The grinding component is connected to the shaft piece.) the shaft piece is inserted into the snap groove; (fig. 6 and modified fig. 4 above)(The end of the shaft piece 521 is inserted into the snap groove) and the groove and the snap groove are located on a central axis of the snap ring. (fig. 6)(The central axis is the axis in which the shaft goes through, the groove and the snap groove are located on a central axis of the snap ring.)
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li.
Although the invention is not identically disclosed or described as set forth in 35 U.S.C. 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 designer having ordinary skill in the art to which the claimed invention pertains, the invention is not patentable.
Re claim 4, Li discloses: The grinder with easy-to-replace storage cups according to claim 3, wherein the storage cup comprises a cup body (201)(fig. 4)(16 fits over 201 and together they are a cup body.) and a cup lid, (202)(fig. 4) one end of the cup body is open to form a feeding port, (21)(fig. 4)(The top end of the cup body is open to form a feeding port.) and the grinding component is installed on another end of the cup body; (figs. 6 and 7)(The grinding component (comprising element 3) is installed on the end of the cup body that forms a bottom end surface.) a discharge port (fig. 7)[n0027](There is a gap (or discharge port) between elements 41 and 42 for exporting granules in the grinding component.) for exporting granules is provided in the grinding component; and the cup lid is threadedly-connected onto the cup body to cover the feeding port. [para. n0032]
Li does not explicitly disclose: the cup lid is snapped-fitted onto the cup body to cover the feeding port.
Li further teaches: The grinder with easy-to-replace storage cups according to claim 3, wherein the protective cover (16) is snap-fitted onto the storage cup (2). [para. n0033](Since the protective cover facilitates quick snapping of the storage cup onto the base, the protective cover is snap-fitted onto the storage cup.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the threadedly-connected elements of the cup lid to the cup body as taught by Li with the snapped-fitted elements of the protective cover onto the storage cup of Li in order to facilitate quick fitting. [para. n0033 of Li]
After modification, Li teaches: the cup lid is snapped-fitted onto the cup body to cover the feeding port.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claim 1 above, in view of Jiang et al. (hereinafter “Jiang”) (WO 2015032134 A1).
Re claim 10, Li discloses: The grinder with easy-to-replace storage cups according to claim 1, wherein a storage battery (14)[para. n0029] is installed in the housing, (fig. 6) and the storage battery supplies power to the power unit. (12)(fig. 6)[para. n0029]
Li does not explicitly teach: A dry cell or a rechargeable storage battery.
Jiang teaches: A similar grinder with easy to replace cups [para. 0007](fig. 2) with a dry cell or rechargeable storage battery. [para. 0008 of Jiang]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the battery of the invention of Li with the rechargeable battery of the invention of Jiang in order to be able to recharge the battery. [para. 0008 of Jiang]
Both references are considered analogous arts to the claimed invention as they both disclose a grinder with easy to replace cups. The combination of Li and Jiang would be obvious with a reasonable expectation of success to improve rechargeability.
After modification, Li in view of Jiang teaches: The grinder with easy-to-replace storage cups according to claim 1, wherein a dry cell or a rechargeable storage battery is installed in the housing, and the dry cell or the storage battery supplies power to the power unit.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Modified Li as applied to claims 1-4 above, in view of Lin et al. (hereinafter “Lin”) (CN 106491005 A) and Andersson et al. (hereinafter “Andersson”) (US 3827641 A).
Re claim 6, Modified Li teaches: The grinder with easy-to-replace storage cups according to claim 4,
Li does not explicitly teach: wherein the mounting base is made of a transparent material; a lighting lamp electrically connected to a control circuit board is provided in the housing; the lighting lamp is provided close to the mounting base; the cup body of the storage cup is made of a transparent material; and when the lighting lamp works, its light rays illuminate the mounting base and the storage cup.
Lin teaches: A similar grinder (fig. 1)[para. 0001] wherein a mounting base (40)(fig. 2) is made of a transparent material; [para. 0035] a lighting lamp (5)(fig. 3) electrically connected to a control circuit board (8)(fig. 3)[para. 0007 and para. 0033, lines 13-14](The PCB is connected to the lighting assembly.) is provided in the housing; (fig. 3) the lighting lamp is provided close to the mounting base; (fig. 3)(The lighting lamp is provided close to the mounting base.) and when the lighting lamp works, [para. 0041, lines 7-9](The lighting lamp works when pressing the lighting button.) its light rays illuminate the mounting base and the storage cup. [para. 0022](Since the lighting lamp provides light when it works, its rays illuminate the mounting base and storage cup.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the lighting assembly and control circuit board as taught by Lin to the invention of Li in order to be used in environments with insufficient lighting. [para. 0022 of Lin]
Both references are considered analogous arts to the claimed invention as they both disclose a grinder. The combination of Li and Lin would be obvious with a reasonable expectation of success to be used in environments with insufficient lighting.
After modification, Li in view of Lin teaches: wherein the mounting base is made of a transparent material; a lighting lamp electrically connected to a control circuit board is provided in the housing; the lighting lamp is provided close to the mounting base; and when the lighting lamp works, its light rays illuminate the mounting base and the storage cup.
Modified Li in view of Lin does not explicitly teach: the cup body of the storage cup is made of a transparent material;
Andersson teaches: A similar grinder [Abstract] wherein the cup body (10)(fig. 1) of the storage cup (1)(fig. 1) is made of a transparent material. [col. 5, lines 19-24]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the transparent material of the cup body as taught by Andersson with the material of the cup body of the invention of Li in order to be able to observe when the grinder needs refilling. [col. 5, lines 19-24]
Both references are considered analogous arts to the claimed invention as they both disclose a grinder. The combination of Li, Lin, and Andersson would be obvious with a reasonable expectation of success to be able to observe when the grinder needs refilling.
After modification, Li in view of Lin and Andersson teaches: the cup body of the storage cup is made of a transparent material.
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li, as applied to claims 1-4 above, in view of Sergyeyenko et al. (hereinafter “Sergyeyenko”) (US 20220240721 A1).
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Re claim 8, Li teaches: The grinder with easy-to-replace storage cups according to claim 4, wherein an outer surface of the cup body is ladder-shaped; (201)(fig. 3)(The outer surface of the cup body gets suddenly wider at ridge points therefore is ladder-shaped.) one end of the cup body close to the cup lid is referred to as a top; (top)(modified fig. 3 above)(When the lid is not attached, one end of the cup body referred to as a top can be close to the cup lid.) another end of the cup body away from the cup lid is referred to as a bottom; (bottom)(modified fig. 3 above)(When the lid is not attached, another end of the cup body referred to as a bottom can be away from the cup lid.) an outer diameter of the top of the cup body is less than that of the bottom of the cup body; (modified fig. 3 above) the outer ring fits with a structure of the top of the cup body; (figs. 1 and 2)
Li fails to disclose: an outer diameter of the bottom of the cup body is greater than an aperture of the outer ring.
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Sergyeyenko teaches: a similar grinder [Abstract] wherein an outer diameter of the bottom (bottom)(modified figs. 1 and 2 above) of the cup body (20)(fig. 1) is greater than an aperture of the outer ring (outer ring)(modified figs. 1 and 2 above) of the mounting base. (mounting base)(modified figs. 1 and 2 above)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the outer diameter of the bottom of the cup body be greater than the aperture of the outer ring to the invention of Li as taught by Sergyeyenko in order to be able to hold more ground material.
One of ordinary skill in the art could have substituted the cup of Sergyeyenko wherein the outer diameter of the bottom of the storage cup body be greater than the aperture of the outer ring for the storage cup of the invention of Li, and the results of the substitution would have been predictable.
Both references are considered analogous arts to the claimed invention as they both disclose a grinder. The combination of Li and Sergyeyenko would be obvious with a reasonable expectation of success to be able to hold more ground material.
After modification, Li in view of Sergyeyenko teaches: an outer diameter of the bottom of the cup body is greater than an aperture of the outer ring.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Sergyeyenko as applied to claim 8 above, and further in view of Merschbrock et al. (hereinafter “Merschbrock”) (DE 102021134270 A1).
Re claim 9, Modified Li in view of Sergyeyenko teaches: The grinder with easy-to-replace storage cups according to claim 8,
Modified Li in view of Sergyeyenko fails to teach: wherein a plurality of insertion strips provided in a protruding manner are provided on an outer surface of the top of the cup body; a plurality of convex strips are arranged regularly on an inner wall surface of the outer ring; a distance fitting with a structure of the insertion strips is reserved between two adjacent convex strips; and when the storage cup is inserted into the mounting base, the insertion strips are inserted into the convex strips.
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Merschbrock teaches: A similar grinder [para. 0001] wherein a plurality of insertion strips (7)(fig. 1) provided in a protruding manner are provided on an outer surface of the top (5)(fig.1) of the cup body; (1a)(modified fig. 1 above)(The insertion strips are provided in a protruding manner on an outer surface of the top of the cup body.) a plurality of convex strips (8)(fig. 1) are arranged regularly on an inner wall surface (6a)(modified fig. 1 above) of the outer ring; (9)(fig. 1) a distance fitting with a structure of the insertion strips is reserved between two adjacent convex strips; (d)(modified fig. 1 above)(A distance fitting with a structure of the insertion strips is reserved between two adjacent convex strips.) and when the storage cup (1)(fig. 1) is inserted into the mounting base, (6)(fig. 1) the insertion strips are inserted into the convex strips. [para. 0020 and 0005 ]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add the insertion strips to the outer surface of the top of the cup body as taught by Merschbrock, and to add the insertion strips on an inner wall surface of the outer ring as taught by Merschbrock to the invention of Li in order to rotatably lock the container. [para. 0005 of Merschbrock]
Both references are considered analogous arts to the claimed invention as they both disclose a grinder. The combination of Li, Sergyeyenko, and Merschbrock would be obvious with a reasonable expectation of success to rotatably lock the container.
After modification, Li in view of Sergyeyenko and Merschbrock teaches: wherein a plurality of insertion strips provided in a protruding manner are provided on an outer surface of the top of the cup body; a plurality of convex strips are arranged regularly on an inner wall surface of the outer ring; a distance fitting with a structure of the insertion strips is reserved between two adjacent convex strips; and when the storage cup is inserted into the mounting base, the insertion strips are inserted into the convex strips.
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
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Modified Li teaches: The grinder with easy-to-replace storage cups according to claim 4, (See claim 4 rejection above) wherein the snap ring is provided in a center of the mounting disc, (fig. 6 and modified fig. 4 above)(The snap ring 51a is provided in a center of the mounting disc 7a once assembled.) and the snap ring penetrates through the mounting disc. (modified fig. 6 and modified fig. 4 above)(The snap ring 51a penetrates through the mounting disc 7a.)
The prior art of record fails to disclose or render obvious the grinding device comprising “wherein the mounting disc is provided on a surface of the cup lid”, inter alia, in combination with the limitations of claims 1-4. Therefore, claim 5 is indicated allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
US 20030052207 A1 teaches a grinder with two grinding assemblies and housings.
US 7533838 B2 teaches a grinder with two mills and heads.
US 20200269254 A1 teaches an electric grinder that is detachable.
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/J.S.I./Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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