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 .
Response to Arguments
The objections to the drawings are withdrawn.
The rejections of claims 5-6 and 11-13 under 35 U.S.C. 112(b) are withdrawn.
In response to Applicant’s filing of a terminal disclaimer, the previous double patenting rejections are withdrawn.
The Applicant has amended claim 1 to incorporate previously indicated allowable subject matter. The rejections of claims 1 and 3-20 under 35 U.S.C. 102(a)(1) or 35 U.S.C. 103 are withdrawn. However, rejections of new claims 21-22 under 35 U.S.C. 102(a)(1) follow below.
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 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (US 2788643).
Regarding claim 21, Martin discloses a device for making drinks (frozen milk, semi-solid, and the like, col. 1, lines 15-18) as shown below:
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Martin discloses the device comprises a housing (such as comprising stainless steel lower freezer chamber wall 38, col. 2, lines 20-25, freezer chamber 22, storage compartment 16 and other components located or supported below upper cylindrical portion 30, Fig. 1 and Fig. 2, shown above); a mixing vessel configured to receive a drink product (upper cylindrical wall 30); a drive motor positioned in the housing (motor 74, Fig. 1); a dasher (auger 80) configured to mix the drink product in the mixing vessel, the dasher driven by the drive motor (motor 74 via gear unit 68, Fig. 1), wherein the mixing vessel has an opening (adjacent to gasket 42, Fig. 1) through which the dasher is driven when the mixing vessel is engaged with the housing in an engaged position (Fig. 1, drive shaft 66 extends through the lower opening of upper cylindrical wall 30 and attaches/transmits power to the dasher/auger at threaded knob 84 as indicated by key 78 and ball bearing 64); a cooling circuit (comprising cooling coils 50 for refrigerant, col. 3, line 46) at least partly positioned in the housing (Fig. 1), the cooling circuit configured to cool the drink product while the drink product is mixed in the mixing vessel; and a coupling mechanism (slotted flange 44 on the mixing vessel/cylindrical wall 30 and swing bolts 46 with wing nuts 48, col. 2, lines 30-42) configured to releasably retain the mixing vessel against the housing in the engaged position (Fig. 1), wherein the mixing vessel is configured to engage the housing to seal the opening when in the engaged position, wherein the coupling mechanism is configured to rotate (swing bolts rotate: “swing into the slotted flanges”, col. 1, lines 36-37) and engage at least one mating feature of the mixing vessel (slotted flange 44), and wherein the coupling mechanism is further configured to apply a compressive force to seal the opening of the mixing vessel (“pressure exerted by the wing nuts…..draws wall 30 down onto gasket 42”, col. 2, lines 37-38).
Regarding claim 22, Martin discloses a device for making drinks shown above for claim 21.
Martin discloses the device comprises: a housing (shown above for claim 21); a mixing vessel (upper cylindrical portion/wall 30) configured to receive a drink product; a drive motor (motor 74, Fig. 1) positioned in the housing; a dasher (auger 80) configured to mix the drink product in the mixing vessel, the dasher driven by the drive motor, wherein the mixing vessel has an opening (opening at gasket 42, Fig. 1, annotated above for claim 21) through which the dasher is driven when the mixing vessel is engaged with the housing in an engaged position (Fig. 1, drive shaft 66 extends through the lower opening of upper cylindrical wall 30 and attaches/transmits power to the dasher/auger at threaded knob 84 as indicated by key 78 and ball bearing 64); a cooling circuit (comprising cooling coils 50 for refrigerant, col. 3, line 46) at least partly positioned in the housing (Fig. 1), the cooling circuit configured to cool the drink product while the drink product is mixed in the mixing vessel; and a coupling mechanism (slotted flange 44 on the mixing vessel/cylindrical wall 30 and swing bolts 46 with wing nuts 48, col. 2, lines 30-42) configured to releasably retain the mixing vessel against the housing in the engaged position (Fig. 1), wherein the mixing vessel is configured to engage the housing to seal the opening (at gasket 42) when in the engaged position (Fig. 1), wherein the coupling mechanism is a rotatable lock (swing bolts rotate: “swing into the slotted flanges”, col. 1, lines 36-37) configured to engage at least one protrusion of the mixing vessel (flange 44 is a protrusion, Fig. 1, and has a slot for receiving the swing bolt 46), and wherein the coupling mechanism is further configured to apply a compressive force to seal the opening of the mixing vessel (at least using wing nuts 42: “pressure exerted by the wing nuts…..draws wall 30 down onto gasket 42”, col. 2, lines 37-38).
Allowable Subject Matter
Claims 1 and 3-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record discloses devices for making drinks having a housing, mixing vessels, a dasher in the mixing vessel powered by a motor, an evaporator, and coupling mechanisms configured to releasably retain the mixing vessel against the housing.
However, the prior art of record did not reasonably disclose, teach or otherwise suggest a device for making drinks having a housing, a mixing vessel, a dasher received through an opening in the mixing vessel and powered by a motor, a cooling circuit in the housing for cooling a drink in the mixing vessel, a coupling mechanism configured to releasably retain the mixing vessel against the housing in an engaged position where the mixing vessel is configured to engage the housing to seal the opening in the mixing vessel and wherein the coupling mechanism comprises at least one cam.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M MCCARTY whose telephone number is (571)272-4398. The examiner can normally be reached Monday - Thursday 9:00 AM - 5:00 PM.
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/P.M.M./Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774
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