throbber
Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 1 of 69 PageID #: 16
`Case 1:16-cv-00041—CFC Document 1-1 Filed 01/26/16 Page 1 of 69 PageID #: 16
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`

`case 1:16-cv—00041—CFC Document 1—1 llllllalllllllllflzllllllllllIllllellllllllllllfllllllllllllllllll Illlllll
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 2 of 69 PageID #: 17
`U8005803377A
`
`5,803,377
`[11] Patent Number:
`[19]
`United States Patent
`
`Farrell
`[45] Date of Patent:
`Sep. 8, 1998
`
`[54] APPARATUS AND METHOD FOR MAKING
`FROZEN DRINKS
`
`[75]
`
`Inventor:
`.
`~
`[73] ASSlgnee‘
`
`James J_ Farrell, Orinda, Calif.
`~
`v
`'
`~
`fReal' FOOds’ LLC’ onnda’ cahf‘
`
`[21] App1~ No: 794,859
`.
`[22]
`Filed:
`Feb. 5, 1997
`
`4,169,681
`10/1979 Kato ......
`366/244
`4,358,298
`11/1982 Ratcliff ..........
`.. 55/185
`
`4,544,277 10/1985 Schnellmann .
`.. 366/78
`
`
`10/1985 Maurer ..........
`366/244
`4,547,076
`................................. 366/206
`11/1987 Marshall
`4,708,487
`9/1992 Nelson et al.
`.......................... 366/206
`5,150,967
`
`7/1994 Neilson .........
`366/254
`5,328,263
`8/1995 Neilson .........
`366/207
`5,439,289
`
`241/199.12
`5,580,007 12/1996 Caviezel et al.
`
`........................... 241 292.1 X
`5 599 103
`2 1997 L'
`tt
`’
`’
`/
`“15°"
`/
`FOREIGN PATENT DOCUMENTS
`
`Related US. Application Data
`
`2158002
`
`5/1973 Germany .
`
`[62] Division of Ser. No. 649,534, May 17, 1996.
`[51]
`Int. Cl.6 ..................................................... B02C 19/12
`[52] us. Cl.
`................... 241/36; 241/46.17; 241/199.12;
`241/292.1
`
`OTHER PUBLICATIONS
`.
`.
`Eggdulcgtggmamre for Hammo“ BeaCh MOdels 936 P and
`'
`'
`
`[58] Field Of Search .................................. 241/33, 36, 38,
`241/4617, 57, 19912, 292-1
`
`Primary Examiner—John M, Husar
`Attorney, Agent, or Firm—Limbach & Limbach L.L.P.
`
`[56]
`
`References Cited
`
`[57]
`
`ABSTRACT
`
`U.S. PATENT DOCUMENTS
`5 1893 U b
`h
`496 674
`‘
`/
`I ac
`’
`9/1909 Johnson .
`934,537
`8/1919 Minsk
`1 313 830
`2,026,240 12/1935 Luxmore .
`2,115,809
`5/1938 Goldman .
`2,701,131
`2/1955 Love .
`2,898,094
`6/1959 O’Neill, Jr.
`2,941,885
`6/1960 Tomlinson .
`279679433
`“1961 Ph1111P5~
`371547123
`10/1964 TothSOH '
`3’171’635
`3/1965 Haentjens et al’ ‘
`3,295,997
`1/1967 Tomlinson et al.
`3,514,080
`5/1970 Price et al.
`.
`3,738,619
`6/1973 Shirae ..................................... 259/108
`
`.
`
`.
`
`invention is a frozen drink machine and a
`The present
`method for making frozen drinks from a frozen substance
`Which has been frozen into a cup. According to the method
`.
`.
`.
`.
`.
`and the machine of the present 1nvent10n, a cup c0nta1n1ng
`a frozen substance is positioned in a cup support located in
`the frozen drink machine. Arotatable blade having features
`for grinding the frozen substance and for aerating the ground
`frozen substance is lowered into the cup, grinding the frozen
`substance While a liquid is simultaneously introduced into
`the cup. In an alternative embodiment, a second blade is
`provided Which incorporates air into the liquid before the
`liquid is introduced into the cup
`'
`
`27 Claims, 13 Drawing Sheets
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12
`
`
`
`
`
`
`,
`06]
`
`20032
`
` 1
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 3 of 69 PageID #: 18
`Case 1:16-cv-OOO41—CFC Document 1-1 Filed 01/26/16 Page 3 of 69 PageID #: 18
`
`US. Patent
`
`Sep. 8, 1998
`
`Sheet 1 0f 13
`
`5,803,377
`
`FIG
`
`IJI—IfiJI—IfiJIAIfiJ
`
`0-.
`
`...........
`
`...........
`
`..........
`
`1
`
`FIG. 2
`
`...........
`
`
`
`I4I1JI4I1JIaI1LI.I:
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 4 of 69 PageID #: 19
`Case 1:16-cv-OOO41—CFC Document 1-1 Filed 01/26/16 Page 4 of 69 PageID #: 19
`
`US. Patent
`
`Sep. 8, 1998
`
`Sheet 2 0f 13
`
`5,803,377
`
`
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 5 of 69 PageID #: 20
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 5 of 69 PageID #: 20
`
`US. Patent
`
`Sep. 8, 1998
`
`Sheet 3 0f 13
`
`5,803,377
`
`
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 6 of 69 PageID #: 21
`Case 1:16-cv-OOO41—CFC Document 1-1 Filed 01/26/16 Page 6 of 69 PageID #: 21
`
`US. Patent
`
`Sep. 8, 1998
`
`Sheet 4 0f 13
`
`5,803,377
`
`
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 7 of 69 PageID #: 22
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 7 of 69 PageID #: 22
`
`US. Patent
`
`Sep. 8,1998
`
`Sheet 5 0f 13
`
`5,803,377
`
`
`
`FIG. 53
`
`FIG. 5A
`
`

`

`C
`
`S
`
`0
`
`DCE:cm.
`
`
`
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 8 of 69 PageID #: 233727om 1066 D3P5
`
`
`
`dS
`60..
`Oh
`P316f
`100m”
`
` .1_.1SeOaU
`09wtCa
`#3,
`0%
`e0
`mooU.Cp
`e1,
`woo,
`
`1..
`
`m._H
`
`
`
`/
`
`a
`
`g
`
`96fO8e
`
`
`
`
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 9 of 69 PageID #: 24
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 9 of 69 PageID #: 24
`
`US. Patent
`
`Sep. 8, 1998
`
`Sheet 7 0f 13
`
`5,803,377
`
`in
`
`TE4A
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 10 of 69 PageID #: 25
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 10 of 69 PageID #: 25
`
`US. Patent
`
`Sep. 8,1998
`
`Sheet 8 0f 13
`
`5,803,377
`
`
`
`E-‘HILF
`
`FIG. 7
`
`

`

`
`
` e8,m.UPCeOS
`
`
`
` 1__81%m1
`
`
`
` pm6Mn9%tumOS
`
`mm
`
`2W
`
`a
`e
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 11 of 69 PageID #: 266
`%C
`DCFC1
`,m11mg
`.0b._H
`9
`
`9U
`
`mmmmWPm.
`
`69
`
`69 woo,4P5
`
`112
`
`12
`
`FIG. 8A
`
`

`

`VC
`5aC
`96fO21e
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 12 of 69 PageID #: 277
`1..
`1
`DCE:C1
`bH
`
`EU
`
`mp.
`
`
`
` 4tmnom
`
`1%mme,mg”
`cwOS
`
`:08
`
`mmtUw0h
`
`wPB0160
`
`P5
`D3,WO
`aQoa
`
`2"”
`#3
`
`
`
`FIG. BB
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 13 of 69 PageID #: 28
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 13 of 69 PageID #: 28
`
`US. Patent
`
`Sep.8,1998
`
`Sheet 11 0f 13
`
`5,803,377
`
`
`
`
` 107
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 14 of 69 PageID #: 29
`Case 1:16-cv-OOO41-CFC Document 1-1 Filed 01/26/16 Page 14 of 69 PageID #: 29
`
`US. Patent
`
`Sep.8,1998
`
`Sheet 12 0f 13
`
`5,803,377
`
`FIG. 10C
`
`m
`
`118b
`
`
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 15 of 69 PageID #: 30
`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 15 of 69 PageID #: 30
`
`US. Patent
`
`Sep.8,1998
`
`Sheet 13 0f 13
`
`5,803,377
`
`MAKE FROZEN DRINK
`
`300
`
`302
`
`W “0 m
`
`304
`
`306
`
`308
`
`310
`
`312
`
`314
`
`315
`
`YES
`
`LATCH CUP HOUSING
`
`DETERMINING WHETHER
`LARGE OR SMALL CUP
`
`RETRIEVE CUP
`SlZE-DEPENDANT
`VALUES
`
`MOVE BLADE To
`SURFACE OF
`BLOCK
`
`ACTIVATE BLADE
`
`MOVE BLADE TO
`BOTTOM OF CUP
`
`PUMP M'LK
`
`
`
` BLADE AT
`
`BOTTOM ?
`
`YES
`
`MOVE BLADE TO JUST
`BELOW DRINK SURFACE
`
`320
`
`322
`
`STOP BLADE ROTATION
`/
`
`3 4
`
`2
`
`MOVE BLADE ABOVE
`DRINK SURFACE
`
`/ 326
`
`ROTATE BLADE
`MOMENTAR'LY
`
`MOVE BLADE AND
`CARRIAGE TO HOME
`POSITIONS
`
`UNLATCH CUP HOUSING
`
`328
`
`330
`
`END
`
`FIG. 11
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 16 of 69 PageID #: 31
`Case 1:16-cv-OOO41-CFC Document 1-1 Filed 01/26/16 Page 16 of 69 PageID #: 31
`
`5,803,377
`
`1
`APPARATUS AND METHOD FOR MAKING
`FROZEN DRINKS
`
`This application is a divisional of application Ser. No.
`08/649,534, filed May 17, 1996 now pending.
`FIELD OF THE INVENTION
`
`5
`
`The present invention relates generally to the field of food
`processing methods and equipment, and particularly to
`apparatuses and methods for making milkshakes and other
`frozen drinks.
`
`BACKGROUND OF THE INVENTION
`
`The present invention relates to an improved means of
`making milkshakes and other frozen drinks. Currently the
`two commercially prevalent methods of making milkshakes
`and other frozen drinks are: 1) placing frozen ingredients
`such as ice cream scoops or ice or frozen fruit
`into a
`blending/mixing receptacle, then adding liquid such as milk
`or juice or water, and then blending them together, or 2)
`using a dispensing freezer of the type in which liquid
`ingredients are automatically fed into a freezing cylinder,
`agitated by a dasher in the cylinder during the freezing
`operation, and then dispensed when desired through a front
`discharge valve.
`The first method, while delivering an excellent quality
`milkshake or frozen drink, takes too much time and labor to
`be viable in high volume fast-food restaurants, where a
`major portion of the potential market
`lies. The second
`method, using a dispensing freezer, dominates the fast-food
`market, yet possesses several serious short-comings. The
`required dispensing freezer equipment
`is expensive to
`purchase, and very time consuming and expensive to clean
`and maintain. In addition, the quality of product this equip-
`ment produces, by its nature, does not recreate the “old
`fashioned” style lumpy/slushy texture that can only be
`achieved by blending frozen ingredients together with liquid
`ingredients and then serving immediately. Consumers do not
`respond nearly as favorably to the homogeneous texture
`produced by the dispensing freezer equipment as they do to
`the old fashioned texture, and therefore, these dispensing
`freezer drinks do not sell well, holding less than 3% market
`share of total restaurant beverage sales today.
`The overall goal of this invention is to enable the creation
`of a consumer preferred old fashioned texture milkshake or
`other frozen drink that will fit into the operational con-
`straints of today’s high volume fast-food restaurants. In
`order to meet the operational constraints of today’s fast-food
`restaurants this invention was developed to achieve three
`objectives.
`The first objective is to create a milkshake or other frozen
`drink in 30 seconds or less. In the fast-food market literally
`every second of preparation time is critical. By enabling
`preparation time to be reduced by even a few seconds, a
`number of features of this invention are significant improve-
`ments over the existing art.
`The second objective is to provide a frozen drink machine
`which requires very little labor for cleaning between serv-
`ings or at the end of the day, and which improves safety from
`bacterial concerns. Both of the existing methods of prepa-
`ration require excessive amounts of clean-up time, either
`between servings in the case of the blended method, or at the
`end of the day in the case of the dispensing freezer. In
`addition, because this cleaning is often poorly done, or
`neglected entirely, consumers are often put at risk of con-
`suming unsafe food products. This is a serious health risk
`which this invention addresses in new and novel ways.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`Athird object of the present invention is to achieve levels
`of whipping/aeration of the frozen drink of at least 15% of
`total volume. This level of whipping is important for two
`reasons. First, it is critical to keeping ingredient costs of this
`new method in competitive alignment with milkshakes and
`frozen drinks produced by dispensing freezers, which are
`whipped to this level of aeration and higher. Second, whip-
`ping also substantially improves flavor delivery of a frozen
`drink by improving a consumer’s ability to taste the drink as
`their sense of smell senses the frozen drink’s aroma trapped
`inside the tiny bubbles created by the whipping process.
`SUMMARY OF THE INVENTION
`
`The present invention is a frozen drink machine and a
`method for making frozen drinks from a frozen substance
`which has been frozen into a cup. According to the method
`and the machine of the present invention, a cup containing
`a frozen substance is positioned in a cup support located in
`the frozen drink machine. A rotatable blade having features
`for grinding the frozen substance and for aerating the ground
`frozen substance is lowered into the cup, grinding the frozen
`substance while a liquid is simultaneously introduced into
`the cup. In an alternative embodiment, a second blade is
`provided which incorporates air into the liquid before the
`liquid is introduced into the cup.
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is a perspective view of a milkshake cup according
`to the present invention.
`FIG. 2 is a front elevation view of a frozen drink machine
`
`according to the present invention, in which a front panel is
`removed to expose the carriage and blade drive assemblies.
`FIG. 3 is a side elevation view of the frozen drink machine
`of FIG. 2.
`FIG. 4A is a front elevation view of the frozen drink
`
`machine of FIG. 2 in which the blending assembly housing
`has been pivoted to an open condition to expose the interior
`of the refrigerator housing and to further expose the back
`side of the blending assembly housing.
`FIG. 4B is a front elevation view, similar to the view of
`FIG. 4A, of a second embodiment of the frozen drink
`machine,
`in which an assembly for pre-whipping milk
`before it is added to the frozen substance is included.
`
`FIG. 5A is a front elevation view of a portion of the
`carriage, the sleeve mounted to the carriage, and the blade
`shaft extending through the sleeve and the carriage. The
`sleeve and carriage are cut-away to more clearly illustrate
`the structure of the shaft and the contents of the sleeve.
`
`FIG. 5B is a front elevation view, similar to the view of
`FIG. 5A, in which the spring is in a compressed state.
`FIG. 6A is a front elevation view of the frozen drink
`
`machine of FIG. 2 showing the carriage at the end of its
`downward travel and showing the blade moving down-
`wardly within the serving cup.
`FIG. 6B is a front elevation view of the frozen drink
`
`machine of FIG. 2 showing the carriage and the blade at the
`ends of their respective downward travels.
`FIG. 7 is a perspective view of the cup housing according
`to the present invention.
`FIGS. 8A and 8B are side views of the cup housing of the
`frozen drink machine of FIG. 1, showing small and large
`cups, respectively, positioned in the cup housing.
`FIG. 9 is a front elevation view, similar to the view of
`FIG. 2, in which the cup support assembly is pivoted into the
`opened condition.
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 17 of 69 PageID #: 32
`Case 1:16-cv-OOO41-CFC Document 1-1 Filed 01/26/16 Page 17 of 69 PageID #: 32
`
`5,803,377
`
`3
`FIGS. 10A and 10B are a top plan view and a side
`elevation view, respectively, of a blade according to the
`present invention.
`FIG. 10C is a cross-sectional side view of the blade of
`
`taken along the plane designated
`FIGS. 10A and 10B,
`10C—10C in FIG. 10A.
`
`FIG. 11 is a simplified flow diagram showing the func-
`tions of the microprocessor of the present invention.
`
`DETAILED DESCRIPTION OF THE
`INVENTION
`
`the milkshake and frozen drink
`Generally speaking,
`machine according to the present invention allows milk-
`shakes and other frozen drinks to be quickly made by
`breaking up frozen blocks of ingredients into small frozen
`particles, and combining them with an added liquid. The
`ingredients to be frozen into frozen blocks are pre-mixed in
`liquid form, placed into serving cups which are the same
`serving cups in which the finished milkshake or frozen
`drinks are to be served, and then frozen into blocks con-
`forming to the insides of the serving cups and stored.
`When a milkshake or other frozen drink is to be made, a
`serving cup containing the frozen block is positioned in the
`machine. A rotating blade is lowered into the cup and bores
`through the frozen substance in the cup. Milk or another
`liquid is added to the cup for blending with the frozen
`substance, which is broken up into small frozen particles by
`the boring blade. The machine introduces air into the liquid
`or the liquid plus frozen particle mixture in order to give the
`milkshake or frozen drink its proper volume, texture, and
`flavor delivery.
`For the rest of this detailed description, the details of the
`machine and method will be provided with milkshakes as
`the end-product being produced, though it is to be under-
`stood that end-products such as smoothies or a variety of
`other frozen drinks can be made by the machine and method
`described herein.
`
`Cup and Ingredients
`A serving cup 200 of the type which may be used in the
`method and apparatus according to the present invention is
`shown in FIG. 1. The exterior surface of the cup 200
`includes a plurality of ridges 202.
`When ready for use in the machine according to the
`present invention, the cup 200 contains milkshake ingredi-
`ents which are frozen into a block 204 which conforms to the
`
`shape of the cup. The block 204 includes an upper surface
`206. The frozen substance preferably comprises all
`the
`ingredients required to make a milkshake, with the excep-
`tion of the milk and the air (which gives the milkshake its
`volume and texture, and improves flavor delivery). Specifi-
`cally a cup which will yield a sixteen fluid ounce volume
`milkshake typically contains a frozen block of approxi-
`mately six fluid ounces of the same ingredients found in ice
`cream, but with no air incorporated. It should be pointed out
`that this differs from placing ice cream in the cup, because
`ice cream, by definition, contains air which is incorporated
`during freezing. For instance, the ice cream typically used in
`old-fashioned scooped type milkshakes typically contains
`approximately 45% air by volume.
`The ingredients are frozen into the cup 200 and form a
`block of frozen substance that typically fills the cup by less
`than 50% of its total volume. As will be appreciated below,
`the full volume of the cup is used to contain milkshake once
`the milk and air are introduced into the cup during a
`milkshake making operation.
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`4
`Milkshake and Frozen Drink Machine
`
`Referring to FIGS. 2 and 3, the frozen drink machine 10
`according to the present invention is comprised generally of
`a refrigerator housing 12, a blending assembly housing 14,
`and a cup housing 16.
`The refrigerator housing 12 may be a commercially
`available self-service bulk milk refrigerator dispenser of the
`type commonly found in cafeterias. For example, the Norris
`Dispenser Company Model N-5 milk refrigerator may be
`used. Referring to FIG. 4A,
`the refrigerator housing 12
`includes a refrigerated compartment 18 having a shelf 20.
`Seated on the shelf is a box of milk 22 having a tube 24
`extending from its lower face. Tube 24 extends through a
`peristaltic pump 26 and has an open end 27 positioned
`within blending assembly housing 14.
`Refrigerator housing 12 includes a base portion 29 which
`lies below the refrigerated compartment 18. A block 31
`(FIGS. 3 and 4A) extends from the base portion 29 and
`supports a pair of limit switches 33a, 33b.
`A microprocessor 35 (FIG. 4A) is contained within the
`base portion 29 of the refrigerator housing 12. As will be
`discussed in detail below, the microprocessor 35 receives
`information from the limit switches 33a, 33b and other
`sensors which monitor operation of the milkshake machine,
`and manages the operation of the milkshake machine. A
`starting switch 37 is located on the front of the refrigerator
`housing 12 and is interfaced with the microprocessor 35 to
`deliver starting signals to the milkshake machine when
`triggered by a user.
`Referring to FIG. 3, blending assembly housing 14 is
`hinged to the refrigerator housing 12 so that blending
`assembly housing 14 can be pivoted into the open position
`shown in FIG. 4A in order to allow the milk box 22 to be
`
`replaced. A support frame 28 is mounted to the blending
`assembly housing 14. Upper and lower support members 30
`extend laterally from support frame 28.
`Referring to FIGS. 2 and 3, two motors are mounted to
`frame 28 within the housing 14: a carriage motor 32 and a
`blade motor 34. Carriage motor 32 includes a shaft 36 which
`spins when the motor is activated. Shaft 36 is coupled to a
`first pulley 38 and a belt 39 is driven by first pulley 38.
`Carriage motor 32 is preferably a stepper motor capable of
`1500 RPM and 140 ounce-inches of torque.
`Blade motor 34 is preferably a one horsepower motor
`capable of up to 3400 revolutions per minute. It includes a
`rotatable shaft 40 which is coupled to a second pulley 42
`such that activation of the blade motor 34 results in rotation
`
`of the second pulley 42. Abelt 43 is driven by second pulley
`42.
`
`A carriage 44 is located within the housing 14. An
`elongated rod 46 (FIG. 2) extends through a bore 48 in the
`carriage 44 and is fixed to the support members 45. Rod 46
`is secured to the blending assembly housing 14 by a number
`of mounting blocks 50. The bore 48 is proportioned such that
`the carriage 44 can slide easily along the rod 46, and linear
`bearings (not shown) are pressed into the ends of bore 48 to
`aid the sliding motion.
`Referring to FIG. 2, carriage 44 includes a laterally
`extending member 52 having a bore 54. A ball nut 56 is
`secured within the bore 54, and a vertical screw drive 58
`extends through the ball nut 56. The screw drive 58 is
`mounted to the support frame 28 by a pair of mounting
`members 60.
`
`Athird pulley 61 is attached to one end of screw drive 58.
`Belt 39 is coupled to pulley 61 such that rotation of pulley
`38 results in corresponding rotation of third pulley 61. Thus,
`activation of carriage motor 32 results in rotation of screw
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 18 of 69 PageID #: 33
`Case 1:16-cv-OOO41-CFC Document 1-1 Filed 01/26/16 Page 18 of 69 PageID #: 33
`
`5,803,377
`
`5
`drive 58. When screw drive 58 is rotated in this manner, ball
`nut 56 is caused to travel vertically along the screw drive 58
`and to thereby move the carriage 44 vertically upward or
`downward, depending on the direction in which the screw
`drive is rotating.
`Carriage 44 is a substantially rectangular frame having a
`rectangular center opening 62. Abore 64 extends through the
`upper end of the carriage 44 and into the opening 62. A
`splined spindle shaft 66 is slidably disposed in the bore 64.
`Splined shaft 66 extends through a bearing 68 which is
`mounted to the support frame 28 by a support 69. A fourth
`pulley 71, which is internally splined,
`is attached to the
`bearing 68 and belt 43 is coupled to fourth pulley 71. Thus,
`rotation of second pulley 42, such as by activation of blade
`motor 34, causes resultant rotation of splined fourth pulley
`71.
`
`During rotation of splined pulley 71, the splines in splined
`shaft 66 and splined pulley 71 are rotationally engaged with
`one another such that rotation of splined pulley 71 causes
`rotation of splined shaft 66. This engagement, however, does
`not prevent
`the splined shaft 66 from sliding vertically
`within the splined pulley 71 and bearing 68 during vertical
`movement of the carriage 44.
`Splined shaft 66 includes a smooth section 70. A collar 72
`(FIGS. 5A and 5B) surrounds and is fixed to the smooth
`section 70 of shaft 66. Shaft 66 further includes a tapered
`section 74 and a blade 76 attached to the tapered section 74.
`Referring to FIG. 5A, smooth section 70 of shaft 66
`extends through a sleeve 78 mounted to the carriage 44
`within the opening 62 (opening 62 shown in FIG. 2). A
`shoulder 82 is formed at the top of sleeve 78.
`A compression spring 80 surrounds the shaft section 70
`and is housed within the sleeve 78. Spring 80 has a first end
`84 which abuts the shoulder 82 and a second end 86 which
`
`abuts collar 72. When carriage 44 advances downwardly in
`the direction indicated by arrow A1, and blade 76 reaches
`the surface 206 of the frozen substance 204 in the cup, spring
`80 becomes compressed between shoulder 82 and collar 72
`as indicated in FIG. 5B. Gradually, shaft 66 slides
`downwardly, as indicated by arrow A2 in FIG. 5B, through
`the sleeve 78 until spring 80 returns to its relaxed condition
`shown in FIG. 5A.
`
`Referring to FIGS. 6A and 6B, an optical detector 88 is
`mounted to the top of carriage 44. Optical detector includes
`a light source 90 and a receiver 92 which detects light
`emitted by light source 90. Optical detector 88 is positioned
`to detect whether the upper end of splined shaft 66 is
`extending above the carriage 44. When the upper end of the
`shaft 66 extends above the carriage 44, receiver 92 is
`prevented from receiving light emitted by light source 90.
`When the carriage 44 is lowered and the upper end of the
`splined shaft 66 can be detected by the optical detector 88,
`it indicates that the blade 76 has not yet reached the bottom
`of the serving cup 200 which contains the milkshake ingre-
`dients.
`
`Optical detector 88 is electronically coupled to micropro-
`cessor 35 (FIG. 4A). When the blade 76 reaches the bottom
`of the serving cup 200 during use of the milkshake machine,
`this information is received by the microprocessor 35 and
`used to control the milkshake making operation as will be
`discussed below.
`
`Referring to FIGS. 3, 4A and 7, support frame 28 has a
`lower portion 94 positioned above the cup housing 16.
`Lower portion 94 includes a cooled recessed section 96
`which, when the blending assembly housing 14 is pivoted to
`the closed condition shown in FIG. 3, faces the portion of the
`refrigerated compartment 18 which lies below shelf 20.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`6
`Because the refrigerated compartment 18 is cooled by its
`internal refrigeration unit, and because the recessed section
`96 is exposed to the refrigerated compartment 18,
`the
`recessed section 96 is likewise cooled to a temperature of
`approximately 40° F. or below.
`Recessed section 96 is bounded by three side walls 98, a
`top wall 100 (FIG. 4A), and a bottom wall 102. Openings
`104a, 104b shown in FIG. 3, are formed in top and bottom
`walls 102. These openings permit the blade 76 to extend into
`the recessed section 96 and to pass from the recessed section
`into the cup 200.
`Asolenoid latch 103 having a plunger 105 (FIGS. 8A and
`8B) is attached to lower portion 94 of housing 14. The
`solenoid latch 103 works in a conventional manner. Plunger
`105 is spring biased in the elevated condition shown in FIG.
`9. When solenoid latch 103 is energized, plunger 105 slides
`vertically downward to the latched position shown in FIGS.
`8A and 8b.
`
`Referring to FIG. 9, cup housing 16 includes a side
`section 106 which is hinged to the rod 46. Cup housing is
`pivotable about
`the rod 46 between the closed position
`shown in FIG. 2 and the open position shown in FIG. 9. A
`handle 107 is provided to permit the cup housing to be easily
`pivoted between the closed and open positions. When the
`solenoid plunger 105 is in the latched position shown in FIG.
`8A, it prevents the cup housing from being moved to the
`open position.
`Referring to FIG. 9, cup housing 16 includes a tray 108
`which is provided with a cut-out 110 for receiving a serving
`cup 200. The portion 114 of the cup housing 16 above the
`tray is open.
`Cup housing 16 further includes an outer wall 112 which,
`when the cup housing is in the closed position, causes the
`cup 200 to be enclosed between the outer wall 112 and base
`portion 29 of refrigerator housing 12. Moreover, and as best
`shown in FIGS. 8A and 8B, when the cup housing 16 is in
`the closed condition,
`the block 31 which is attached to
`refrigerator housing 12 extends into the open portion 114 of
`the cup housing 16. The wall 112 and the block 31 are
`important because they prevent access to the cup during the
`processing cycle, when it would be very dangerous to
`disturb the cup due to the sharp blade spinning at high RPM
`inside the cup.
`Referring again to FIGS. 8A and 8B, when a cup is
`positioned in the cup housing and the cup housing placed in
`the closed condition, the cup depresses at least one of the
`limit switches 33a, 33b. A short cup 200b, shown in FIG.
`8A, will depress only lower limit switch 33b, whereas a tall
`cup 200a, shown in FIG. 8B will depress both lower and
`upper limit switches 33a, 33b. The switches 33a, 33b
`provide a means by which the presence of a cup in the cup
`housing may be detected. As will be described in detail
`below, when at least one of the switches 33a, 33b is closed,
`the microprocessor activates solenoid latch 103, causing the
`cup housing 16 to be locked in the closed condition and
`generates starting signals which cause the frozen drink
`making cycle to begin.
`The limit switches 33a, 33b also deliver information to
`the microprocessor 35 (FIG. 4A) concerning the size of the
`cup which is positioned in the cup housing. As detailed
`below, this will ensure that the appropriate quantity of milk
`is delivered into the cup for the size milkshake which is to
`be made. Also, because the surface 206 (FIG. 1) of the
`frozen block 204 is lower in a smaller cup than in a relatively
`larger cup, the microprocessor can ensure that the blade 76
`is lowered to the proper height before it is caused to begin
`spinning.
`
`

`

`Case 1:16-cv-00041-CFC Document 1-1 Filed 01/26/16 Page 19 of 69 PageID #: 34
`Case 1:16-cv-OOO41-CFC Document 1-1 Filed 01/26/16 Page 19 of 69 PageID #: 34
`
`5,803,377
`
`7
`Referring to the perspective view of FIG. 7, cut-out 110
`includes ridges 116 around its perimeter. These ridges are
`designed to engage with like ridges 202 on the outside
`surface of the serving cup 200. This prevents cup 200 from
`rotating within the cut-out 110 as the rotating blade advances
`through the frozen substance.
`Blade
`
`FIGS. 10A and 10B are top and side views, respectively,
`of blade 76. Blade 76 is preferably a 2.5 inch diameter
`stainless steel blade having a circular shape and a thickness
`of approximately 0.080 inches. Three-eighth inch diameter
`holes 118a, 118b and 118C are spaced 120° apart rotationally
`and at specific radiuses from the center of the blade such that
`as the blade makes one complete rotation, the entire surface
`area of the frozen substance will have been passed over by
`three holes. Holes 118a are centered 0.041 inches from the
`
`blade’s center, and holes 118b and 118C are spaced 0.062
`inches and 0.083 inches from the blade’s center respectively.
`Depressed regions 120, best shown in the cross section view
`of FIG. 10C, are formed immediately adjacent to each of the
`holes, located on their trailing edge as the blade rotates.
`These regions are depressed by 0.080 inches. The holes and
`the depressed regions are arranged such that as the blade 76
`is rotated and advanced into the frozen substance in the cup
`200 (FIG. 1), the holes 118a—c and depressed regions 120
`grate through the frozen substance much like the grating
`action of a cheese grater. It should be appreciated that the
`blade of FIG. 10A is configured such that clockwise rotation
`of this blade produces the desired grating effect. This
`arrangement also provides for easy manufacture in a stamp-
`ing operation, and maintains the mechanical strength of the
`blade so that its outside edges are not deflected upward by
`the force of the frozen substance being bored through. Other
`arrangements with differing size or shaped holes will also
`work well.
`Three waves are formed in the blade. As shown in FIGS.
`10A and 10C, each of the waves 122 includes a center crease
`124 which is elevated above the plane of the blade and side
`creases 126 which lie in the plane of the blade. The creases
`124 and 126 are approximately 1/2
`inches in length and
`extend radially from the perimeter of the blade. A distance
`along the perimeter of the blade of approximately 1/2 inch
`separates each pair of side creases 126. During high speed
`rotation of the blade, the waves 122 increase the whipping
`effect of the blade by causing an alternately high and low
`pressure zone at the blade’s edge, creating turbulent eddies
`which cause a whipping effect.
`Three pairs of cutouts 128 are formed along the perimeter
`of the blade 76, spaced 120° from each other. Each pair
`includes a first cutout which has a depressed trailing edge
`130 and a second cutout which has an elevated trailing edge
`132. During a milkshake making operation, the trailing edge
`130 is depressed to act as a grating surface to bore through
`the frozen substance at the outermost radius of the blade.
`
`The trailing edge 132 is elevated to act as a inverted ramped
`surface to force milkshake downward in the cup and thereby
`minimize the amount of milkshake that is driven up the
`interior walls of the cup by centrifugal force. Moreover, by
`directing milkshake ingredients above the blade, which are
`carried to the outer edge of the blade by centrifugal force, to
`then be forced downward and under the blade as the rotating
`blade moves upward, the elevated trailing edge 132 helps
`prevent the blade from carrying ingredients up and out of the
`cup as the blade is lifted from the cup.
`Operation
`Operation of the frozen drink machine according to the
`present invention will next be described.
`
`8
`First, cup housing 16 is pivoted to the opened condition
`shown in FIG. 9 and a cup 200 containing the frozen
`substance 204 is positioned in the cut-out 110. Cup housing
`16 is then pivoted to the closed position shown in FIG. 2.
`Next, carriage motor 32 is activated. Activation of car-
`riage motor 32 causes rotation of carriage motor shaft 36 and
`pulley 38, and through belt 39 further causes rotation of
`pulley 61 which is attached to the vertical screw drive shaft
`58, causing it to rotate. Count

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket