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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: discharge device (i.e. device [generic placeholder] for discharge [functional language]) in claims 1-4, and 8; sensing device (i.e. device [generic placeholder] for sensing [functional language]) in claims 1, and 4-8; refrigeration stirring assembly (i.e. assembly [generic placeholder] for refrigeration stirring [functional language]) in claims 1-3; transmission assembly (i.e. assembly [generic placeholder] for transmission [functional language]) in claim 5; sealing element (i.e. element [generic placeholder] for sealing [functional language]) in claims 5-7; and first/second transmission element (i.e. element [generic placeholder] for transmission [functional language]) in claims 6-7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In the case of discharge device, the corresponding structure(s) are found in paragraph [0010]; in the case of sensing device, the corresponding structure(s) are found in paragraph [0033]-[0034]; in the case of refrigeration stirring assembly, the corresponding structure(s) are found in paragraph [0009]; in the case of transmission assembly, the corresponding structure(s) are found in paragraph [0011]; in the case of sealing element, the corresponding structure(s) are found in paragraph [0046]; in the case of first/second transmission element, the corresponding structure(s) are found in paragraphs [0047]-[0049].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2-3 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 limitation “wherein the sensing assembly comprises […]”. There is insufficient antecedent basis for “the sensing assembly”. It is believed that “sensing assembly” was intended to refer back to “sensing device”. Claim 3 is rejected insofar as it is dependent on claim 2 and therefore includes the same error(s).
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, 2, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ugolini (US 2015/0101357).
Regarding claim 1, Ugolini shows an infrared-sensing cold beverage maker (see at least machine #10), comprising a discharge device (see at least dispensing outlet #16), a sensing device (see at least sensor #23), a refrigeration stirring assembly (see at least mixer #14), and a drive that are mounted on a body (see at least motor #24), wherein the discharge device is provided with a handle (see at least tap #15); the sensing device is opposite to the handle (see at least sensor #23 is on the opposite side of outlet #16 from the tap #15); the sensing device is electrically connected to the drive (see at least paragraph [0015]); the sensing device is configured to identify a use state of the handle, so as to adjust an operating state of the drive (see at least paragraph [0015]: the sensor detects presence of an object which is related to a likely operating state of the handle); and the drive is configured to adjust a stirring speed of the refrigeration stirring assembly (see at least paragraph [0015]).
Regarding claim 2, Ugolini further shows wherein the sensing assembly comprises an infrared generator and an infrared receiver (see at least paragraph [0014]); the infrared receiver is electrically connected to the drive (see at least paragraph [0015]); the infrared generator is configured to emit infrared light to the handle; and the infrared receiver is configured to receive infrared light reflected by the handle (see at least MPEP 2114 II: Examiner reminds Applicant that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (The preamble of claim 1 recited that the apparatus was "for mixing flowing developer material" and the body of the claim recited "means for mixing ..., said mixing means being stationary and completely submerged in the developer material." The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.).: in this case there is no additional structural recitation required by the claim, and thus the machine is considered capable of performing the claimed functions).
Regarding claim 4, Ugolini further shows wherein the refrigeration stirring assembly comprises a propeller (see at least helical mixer #14) and a refrigerating cylinder (see at least tub #11); the propeller is rotatably mounted in the refrigerating cylinder (see at least paragraph [0010]); a length direction of the propeller is the same as a length direction of the refrigerating cylinder (see at least Figure 1); and an output end of the drive is fixedly connected to the propeller (see at least paragraph [0011]).
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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ugolini as applied to claim 2 above, and further in view of Zhang (CN 208452977: cited with English Translation).
Regarding claim 3, Ugolini does not disclose wherein the infrared generator and the infrared receiver are respectively located at two sides of the handle; and the infrared generator, the infrared receiver and the handle form a triangular structure.
However, such configuration of an infrared sensor/handle combination was old and well-known in the art, as evidenced by Zhang, which teaches another infrared sensor/handle combination wherein the infrared generator and the infrared receiver are respectively located at two sides of the handle; and the infrared generator, the infrared receiver and the handle form a triangular structure (see at least infrared transmitter #31, handle #21/#12, and infrared receiver #32 situated such that a triangular positioning is provided by the handle being between the transmitter and receiver).
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the machine of Ugolini with wherein the infrared generator and the infrared receiver are respectively located at two sides of the handle; and the infrared generator, the infrared receiver and the handle form a triangular structure, since, as taught by Zhang, such provision was old and well-known in the art and would provide the predictable benefit of ensuring that the sensor is only interrupted by operation of the handle, thus preventing unnecessary machine operation through false presence detection.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ugolini as applied to claim 4 above, and further in view of Chen (CN 118415268: cited with English Translation).
Regarding claim 5, Ugolini is silent regarding wherein the discharge device further comprises a discharge disc; the discharge disc is configured to seal the refrigerating cylinder; the discharge disc is provided with a first discharge port; the first discharge port communicates with an interior of the refrigerating cylinder; a bottom of the handle is provided with a transmission assembly and a sealing element; the transmission assembly is connected to the handle and the sealing element; and the sealing element is configured to open or close the first discharge port.
Chen teaches wherein the discharge device further comprises a discharge disc (see at least material blocking piece #3); the discharge disc is configured to seal the refrigerating cylinder (see at least via baffle #31); the discharge disc is provided with a first discharge port (see at least connecting port #11); the first discharge port communicates with an interior of the refrigerating cylinder (see at least Translation: “Referring to FIG. 3, the material blocking piece 3 comprises a baffle 31 and a sliding rod 32, the area of the baffle 31 is greater than the area of the connecting port 11, the baffle 31 can cover the connecting port 11, so it can block the connecting port 11, the bottom part of the sliding rod 32 is connected with the baffle 31, the upper part of the sliding rod 32 is connected with the piston piece 4, so the material blocking piece 3 is fixedly connected with the piston piece 4, after the movable handle 6 swings, it can simultaneously drive the baffle 31 and the piston column 41 to move, Therefore, the communication port 11 and the discharge port 22 can be opened at the same time or respectively, so that the ice sand can smoothly enter the communication port 11 and be discharged from the discharge port 22. By setting the baffle 31, before making ice, the liquid poured into the storage cylinder 1 will not be discharged along the transition channel 121, when making ice, it can block the ice sand to prevent the ice sand from entering into the transition channel 121 in advance, when discharging ice, the baffle 31 moves upwards, At the same time, the ice sand on the side wall thereof is pushed upward, so that the ice sand accumulated on the side part of the baffle 31 is loosened, so that it is convenient for the ice sand to enter into the transition channel 121. When ice is made, the baffle 31 blocks the communication port 11, and the ice sand is separated from the discharge port 22 by a distance equal to the length of the transition channel 121. Therefore, when ice is discharged, the ice sand is not easily blocked at the discharge port 22.”); a bottom of the handle is provided with a transmission assembly (see at least driving bump #52; driving part #42; driving cavity #43) and a sealing element (see at least piston column #41); the transmission assembly is connected to the handle and the sealing element (see at least Translation: “As shown in FIG. 4, in order to drive the piston column 41 and the baffle plate 31 to move, the upper part of the piston column 41 is provided with a driving part 42, an upper connecting plate 33 is provided between the sliding rod 32 and the driving part 42, the connecting plate is used for fixedly connecting the sliding rod 32 and the driving part 42, the discharging device 10 for vertical snow melting machine further comprises a turning piece 5, the side part of the turning piece 5 is connected with the movable handle 6, the movable handle 6 can drive the turning piece 5 to turn, one end of the turning piece 5 is connected with the driving part 42, using lever principle, After the turnover member 5 is turned, the piston column 41 and the baffle 31 can be prized, so that the piston column 41 and the baffle 31 can be moved, and the communication port 11 and the feed port can be opened. In addition, as shown in FIG. 5, the material blocking piece 3 further comprises a connecting rod 34 and a lower connecting plate 35, the upper part of the connecting rod 34 is detachably connected with the bottom part of the sliding rod 32, so that the connecting rod 34 and the baffle 31 are installed in the transition channel 121, the bottom of the connecting rod 34 is connected with one side of the lower connecting plate 35, the other side of the lower connecting plate 35 is connected with the bottom of the baffle 31, the baffle 31 is vertical to the lower connecting plate 35, the lower connecting plate 35 is provided with a plurality of hollow holes 351. by setting the hollow hole 351, after discharging ice, the piston column 41 and the baffle 31 are driven to descend, at this time, the lower connecting plate 35 will generate extrusion on the residual ice sand in the transition channel 121, The hollow hole 351 can make the lower connecting plate 35 reduce the extrusion of the ice sand, at the same time, the ice sand can pass through the hollow hole 351 to enter into the upper part of the lower connecting plate 35, so that the lower connecting plate 35 can be smoothly reset. In the next use, the piston column 41 and the baffle 31 are driven to ascend, and the ice sand located above the lower connecting plate 35 can pass through the hollow hole 351 and enter into the lower part of the lower connecting plate 35, that is, return to the transition passage 121, so as to continue to discharge ice. Therefore, the setting of the hollow hole 351 can reduce the influence of the ice sand in the transition passage 121 on the movement of the baffle 31 and the piston column 41, and at the same time, the residual ice sand can participate in the next discharge as much as possible, and can reduce the residual ice sand as much as possible. further, the turning piece 5 comprises a hinge part 51 and a driving bump 52, the side part of the discharging cylinder 2 is provided with a hinge plate 23, the side part of the hinge part 51 is hinged on the hinge plate 23 and fixedly connected with one end of the movable handle 6, after the movable handle 6 swings, it can drive the turning piece 5 to turn around the hinged part of the hinged part 51 and the hinged plate 23, the driving bump 52 is set in the hinged part 51 close to one side of the piston piece 4, the driving part 42 is internally provided with a driving cavity 43, the opening of the driving cavity 43 is towards one side where the hinge part 51 is located, the driving bump 52 protrudes towards the driving cavity 43 and extends into the driving cavity 43, so when the turnover piece 5 is turned, the driving bump 52 generates ascending or descending movement, It can drive the driving cavity 43 to move vertically, so as to drive the piston column 41 and the baffle 31 to move.”); and the sealing element is configured to open or close the first discharge port (see at least Translation: “the piston column 41 is set in the discharging channel 21 and can vertically slide in the discharging channel 21, The vertical length of the piston column 41 is greater than the vertical height of the discharge hole 22, so the piston column 41 can block the discharge hole 22.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the machine of Ugolini with wherein the discharge device further comprises a discharge disc; the discharge disc is configured to seal the refrigerating cylinder; the discharge disc is provided with a first discharge port; the first discharge port communicates with an interior of the refrigerating cylinder; a bottom of the handle is provided with a transmission assembly and a sealing element; the transmission assembly is connected to the handle and the sealing element; and the sealing element is configured to open or close the first discharge port, as taught by Chen, to improve the machine of Ugolini by blocking the flow of cold fluid at both the freezing cylinder and at the discharge port of the spigot, thus preventing dripping.
Regarding claim 6, Ugolini as modified by Chen further discloses wherein the transmission assembly comprises a first transmission element (see at least Chen #42) and a second transmission element (see at least Chen #52); the handle comprises a first hinge point rotatably mounted on a top of the discharge disc at the first discharge port (see at least Chen #51), and a second hinge point rotatably connected to a top of the first transmission element (see at least Chen #521); a bottom of the first transmission element is connected to a top of a rear side of the second transmission element (see at least Chen bottom of #42 contacts top of rear side of #52; best seen in Figure4); and a bottom of the second transmission element is fixedly connected to the sealing element (see at least Chen: once assembled the bottom of #52 will be fixedly connected to piston column #41 via cavity #43); and in an initial state, a direction of a connecting line for the first hinge point and the second hinge point is a horizontal direction (see at least Chen #51 and #521 are horizontally offset, seen by comparing Figures 1 and 4, where #521 is at the bottom of the handle pivot #51).
Regarding claim 7, Ugolini as modified by Chen further discloses wherein the transmission assembly further comprises a return torsion spring (see at least Chen spring #7); the return torsion spring sequentially comprises a winding portion (see at least Chen left/right coils of #7) and a transmission portion (see at least Chen rectangular portion of #7) from top to bottom (see at least Chen Figures 1 and 3, the orientation is dependent on operating position); the winding portion is wound on the first hinge point of the handle (see at least Chen coils of #7 are wound on hinge part #51 of handle #6); and the transmission portion is fixedly connected to a front side of the second transmission element (see at least Chen: rectangular portion of #7 is connected to a front of cylinder #22 at or about #52).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ugolini as applied to claim 4 above, and further in view of Boyer et al. (US 6,553,779).
Regarding claim 8, Ugolini further discloses wherein the refrigeration stirring assembly further comprises a cooling tube (see at least paragraph [0010]).
Ugolini does not disclose and the cooling tube is provided around an outer side of the refrigerating cylinder.
However, it was old and well-known in the art to provide the cooling tube of a cold beverage machine around an outer side of the refrigerating cylinder, as evidenced by Boyer et al. (see at least column 11, lines 26-30).
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the machine of Ugolini with and the cooling tube is provided around an outer side of the refrigerating cylinder, since, as evidenced by Boyer et al., such provision was old and well-known in the art and would provide the predictable benefit of allowing for easier cleaning of the cylinder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763
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