DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on May 27, 2025. Claims 1 – 20 are pending and currently being examined.
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 § 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.
Claim(s) 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over anticipated by (U.S. Patent Number 9,814,339 B2) to DiMaria-Ghalili et al., in view of (U.S. Patent Publication Number 2007 / 0286016 A1) to Sun.
Regarding claim 1, DiMaria-Ghalili et al., discloses a system (100), comprising: an enclosure (50) partially surrounding a volume and having a recessed end (i.e. Cavity Portion of (50) in Figure 2) for receiving a beverage holder (See Figure 2);
a sensor (144) configured to perform a measurement associated with an acceleration of the system (See Abstract); and
a controller (124) configured to detect that the measurement satisfies an acceleration threshold (See Abstract) (See Figure 1).
However, DiMaria-Ghalili et al., lacks and does not explicitly disclose a motor configured to rotate at least a portion of the enclosure; and to command the motor to rotate based on the measurement satisfying the acceleration threshold.
Sun teaches a motor (23) (See Figure 2) configured to rotate (i.e. via (17) in Figures 2 & 4) at least a portion of the enclosure (4); and to command the motor (23) to rotate (i.e. via (17) in Figures 2 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a motor configured to rotate at least a portion of the enclosure; and to command the motor to rotate as taught by Sun with the system of DiMaria-Ghalili et al., in order to provide automatic beverage stirring within the enclosure.
Regarding claim 2, DiMaria-Ghalili et al., discloses wherein the sensor (144) comprises an accelerometer (111) (See Column 6, lines 31 – 48).
Regarding claim 3, DiMaria-Ghalili et al., discloses wherein the measurement is associated with a horizontal direction (i.e. X-Axis Direction), and the system further comprises: an additional sensor (113) configured to perform an additional measurement associated with a vertical direction (i.e. Y-Axis Direction), wherein the controller (124) is further configured to detect that the additional measurement (i.e. via Y-Axis) satisfies a vertical threshold (i.e. Weight of the Cup) (See Column 6, lines 54 & 55), and the command is further based on the additional measurement (i.e. via Y-Axis) satisfying the vertical threshold (i.e. Weight of the Cup) (See Column 6, lines 53 – 56).
Regarding claim 4, DiMaria-Ghalili et al., discloses wherein the additional sensor (113) comprises an accelerometer (See Column 6, lines 31 – 39).
Regarding claim 5, DiMaria-Ghalili et al., discloses wherein the command is further based on an origin point (See Figure 3).
Regarding claim 6, DiMaria-Ghalili et al., discloses further comprising: a memory storing (i.e. via Circuit Board (124)) an indication of the origin point (See Figure 3).
Regarding claim 7, DiMaria-Ghalili et al., discloses further comprising: at least one input component (i.e. Contact Switch (148)) configured to receive a signal indicating the origin point (See Figure 3).
Regarding claim 8, DiMaria-Ghalili et al., discloses wherein the measurement is associated with a first horizontal direction (i.e. X-Axis Direction), and the system further comprises: an additional sensor (113) configured to perform an additional measurement associated with a second horizonal direction (i.e. Z-Axis Direction) that is perpendicular to the first horizontal direction (i.e. X-Axis Direction), wherein the controller (124) is further configured to detect that the additional measurement satisfies an additional acceleration threshold, and the command is further based on the additional measurement satisfying the additional acceleration threshold (See Column 6, lines 53 – 56).
Regarding claim 9, DiMaria-Ghalili et al., discloses a system (100), comprising: at least one accelerometer (111) configured to measure an acceleration of the system (100); and a controller (124) configured to detect that the acceleration satisfies an acceleration threshold and at least a portion of an enclosure (50) having a recessed end (i.e. Cavity Portion of (50) in Figure 2) for receiving a beverage holder, based on the acceleration satisfying the acceleration threshold (See Figure 1).
However, DiMaria-Ghalili et al., lacks and does not explicitly disclose to trigger a command to a motor to rotate.
Sun teaches a command to a motor (23) to rotate.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a command to a motor to rotate as taught by Sun with the system of DiMaria-Ghalili et al., in order to provide automatic beverage stirring within the enclosure.
Regarding claim 10, DiMaria-Ghalili et al., discloses wherein the accelerometer (111) is included in an inertial measurement unit (IMU) (i.e. via X & Y Axis) (See Column 6, lines 31 – 39).
Regarding claim 11, DiMaria-Ghalili et al., discloses further comprising: at least one input component (i.e. Contact Switch (148)) configured to receive a signal indicating the acceleration threshold (See Column 6, lines 31 – 50).
Regarding claim 12, DiMaria-Ghalili et al., discloses wherein the acceleration includes a vertical component and a horizontal component, the command indicates a direction and a terminus, and the controller (124) is further configured to determine the direction based on the vertical component and to determine the terminus based on the horizontal component (See Column 6, lines 31 – 50).
Regarding claim 13, DiMaria-Ghalili et al., discloses (100) further comprising: a position sensor (144) configured to measure a slope (See Figure 4) associated with the system (100), wherein the controller (124) is further configured to detect that the slope satisfies an incline threshold, and the command is further based on the slope satisfying the incline threshold (See Figures 2A, 2B, 2C, 2D, 4 & 5).
Regarding claim 14, DiMaria-Ghalili et al., discloses a device (100), comprising: one or more processors (i.e. Microprocessors) (See Column 10, lines 29 – 31) configured to: receive, from a sensor (144), a measurement (See Figures 2A, 2B, 2C, 2D, 4 & 5) associated with an acceleration of the sensor (144); determine that the measurement satisfies an acceleration threshold; and transmit a signal, based on the measurement satisfying the acceleration threshold (See Column 6, lines 31 – 50); and an enclosure (50) having a recessed end (i.e. Cavity Portion of (50) in Figure 2) for receiving a beverage holder .
However, DiMaria-Ghalili et al., does not explicitly disclose a motor to trigger the motor to rotate at least a portion of an enclosure.
Sun teaches a motor (23) to trigger the motor (23) to rotate at least a portion of an enclosure (17) for receiving a beverage holder (4) (See Figures 3, 4, 5 & 6).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a motor to trigger the motor to rotate at least a portion of an enclosure for receiving a beverage holder as taught by Sun with the system of DiMaria-Ghalili et al., in order to provide automatic beverage stirring within the enclosure.
Regarding claim 15, DiMaria-Ghalili et al., discloses wherein the measurement is associated with a single axis (X-Axis Direction) (See Column 6, lines 31 – 50).
Regarding claim 16, DiMaria-Ghalili et al., discloses wherein the measurement is associated with a plurality of axes (i.e. X, Y & Z Axes) (See Column 6, lines 31 – 50).
Regarding claim 17, DiMaria-Ghalili et al., discloses wherein the one or more processors (i.e. Microprocessors) are further configured to: receive a signal indicating an initial position associated with the enclosure.
Furthermore, DiMaria-Ghalili et al., as modified by Sun discloses wherein the signal to the motor (23) is further based on the initial position (See Figures 2 & 4).
Regarding claim 18, DiMaria-Ghalili et al., discloses further comprising: one or more memories storing an indication of at least one terminal position (See Figure 3).
Furthermore, DiMaria-Ghalili et al., as modified by Sun discloses further comprising: one or more memories storing an indication of at least one terminal position, wherein the signal to the motor (23) is further based on the at least one terminal position.
Regarding claim 19, DiMaria-Ghalili et al., discloses further comprising: one or more memories storing an indication of a first terminal position and an indication of a second terminal position, wherein the one or more processors are further configured to identify a selected terminal position, from the first terminal position or the second terminal position, based on the measurement (See Column 6, lines 53 – 56) (See Figures 2A, 2B, 2C, 2D, 4 & 5).
However, DiMaria-Ghalili et al., lacks and does not explicitly disclose wherein the signal to the motor is further based on the selected terminal position.
Sun teaches wherein the signal to the motor (23) is further based on the selected terminal position (See Figures 2 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the signal to the motor is further based on the selected terminal position as taught by Sun with the system of DiMaria-Ghalili et al., in order to provide automatic beverage stirring within the enclosure.
Regarding claim 20, DiMaria-Ghalili et al., discloses wherein the one or more processors (i.e. Microprocessor) are further configured to: receive a signal indicating the acceleration threshold (See Column 10, lines 28 – 31).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan J. Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
