Final Rejection
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 25 recites the limitations “information-based, keying feature” in line 3. The said structure is not found in the provided specifications. The limitations as recited are new matter not possessed by the Applicant at the time of the invention. Claim 25 is not treated on the merits.
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 1,4 and 25 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 4 recites the limitations “a communication module of the communication module configured,” in line 2. It is unclear as to what is specifically being recited. The limitations are indefinite for failing to particularly point out and distinctly claim the subject matter of the inventor. Appropriate clarification is required.
Claim 25 recites the limitations “information-based, keying feature” in line 3. It is not clear as to what specifically is the information-based, keying feature as being recited. The specifications do not provide any disclosure as to what specifically is “an electronic information-based, keying feature.” Although, a keying feature is disclosed the keying feature is not disclosed as an electronic information-based keying feature.
It is suggested the Applicant positively recite the structure to be claimed and where specifically it is disclosed in the specification. Appropriate clarification is required.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,5,6,9,21,24-30,32 and 34 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Kuehl (US 2011/0152024 A1).
Referring to claim 1. Kuehl discloses a dispenser (10; Figure 1), operable for dispensing a topical skin material (cosmetics or medicine; Para. [0054]) onto a user, configured to mate with a mounting plate (perimeter of 46; Figure 5) for power (electrical power; Para. [0057]) and communication (data; Para. [0057]), comprising:
a container (66) of the topical skin material from which the topical skin material (cosmetics or medicine; Para. [0054]) is dispensed upon activation of the dispenser (upon actuation of dispenser 10); and
a device housing (housing of 18) comprising:
a device mounting (108; Figure 6) being configured to attach to the mounting plate (perimeter of 46; Figure 5); and
a device connector (110) configured to:
mate with a mounting connector (46) of the mounting plate (perimeter of 46; Figure 5) to establish a connection between the dispenser (10) and the mounting plate (perimeter of 46; Figure 5);
receive power (receive electrical power; Para. [0057]) for the dispenser (10) through the connection (connection of 46 and 108); and
establish a communication (data connection) for the dispenser through the connection (connection of 46 and 108);
the device mounting (108; Figure 6) and the device connector (connection of 46 and 108) having a communication module (control devices; Para. [0085]) such that the dispenser (10) dispenses the topical skin material (cosmetics or medicine; Para. [0054]) while the dispenser (10) is mated with the mounting plate (perimeter of 46; Figure 5) and while power (receive electrical power; Para. [0057]) for dispenser is being received through the connection (connection of 46 and 108).
Referring to claim 5. Kuehl discloses a dispenser (10; Figure 1), comprising a communication module (control devices; Para. [0085])
configured to:
receive at least one of an instruction, a data collection request, (not considered)
a dispense material amount change (Functional device 22 may provide a user interface (not shown) to enable the user to interact with functional device 22, adapter 20 or host 12; Para. [0070]),
a display service indicator instruction, a change display visualization instruction, or a functionality change through the connection from a remote device. (not considered)
Referring to claim 6. Kuehl discloses a dispenser (10; Figure 1), comprising a communication module (control devices; Para. [0085]),
the device housing (housing of 18) comprising a protection structure (adapter coupler 110) configured to protect the mounting connector (46).
Referring to claim 9. Kuehl discloses a dispenser (10; Figure 1), comprising a communication module (control devices; Para. [0085]),
the device connector (110) extending out from the device (10) housing to cooperate with the mounting connector (46).
Referring to claim 21. Kuehl discloses a dispenser (10; Figure 1),
comprising a communication port (42) configured to be connected with a communication cable (62) through the mounting plate (perimeter of 46; Figure 5).
Referring to claim 24. Kuehl discloses a dispenser (10; Figure 1),
comprising a mounting arrangement (16) defining a mounting slot (slot in 46) into which an attachment portion of the mounting plate (perimeter of 46; Figure 5) can be removably received (see Figure 5).
Referring to claim 25. (see new matter rejection above) Kuehl discloses a dispenser (10; Figure 1),
comprising an electronic, information-based, keying feature that is configured to allow for removable attachment of the dispenser to the mounting plate when information of the keying feature is satisfied and inhibit attachment of the dispenser to the mounting plate when the information of the keying feature is not satisfied (shape of 46 and shape of 108 are configured to mount to each other).
Referring to claims 26,32 and 34. Kuehl discloses a system (10; Figure 1) configured to provide power (receive electrical power; Para. [0057]) and communication (data connection) to a dispenser (10) operable for dispensing a topical skin material (cosmetics or medicine; Para. [0054]), comprising:
a mounting plate (perimeter of 46; Figure 5) configured to mount to a structure (36), the mounting plate (perimeter of 46; Figure 5) comprising:
a mounting configuration (configuration of 16) configured to attach the dispenser (10) to the mounting plate (perimeter of 46; Figure 5), the mounting configuration comprising at least one hook (see configuration in Figure 6) at the dispenser (10) and at least one mounting slot (slot in 46; Figure 6) at the mounting plate (perimeter of 46; Figure 5) to receive the at least one hook (see configuration in Figure 6); and
a mounting connector (46) configured to mate with a device connector (110) of the dispenser (10) to establish a connection with the dispenser (see Figure 6), the mounting connector (46) configured to at least one of:
(Applicant recites the limitations “at least one of” therefore, only one of the cited conditions is required to be met to satisfy the claimed structure)
facilitate provisioning of power to the dispenser through the connection (power is supplied to the dispenser through the connection); or
facilitate provisioning of communication with the dispenser through the connection; (not considered)
the dispenser (10) comprising a container (66) of the topical skin material from which the topical skin material is dispensed (cosmetics or medicine; Para. [0054]) onto a user upon activation of the dispenser (10), the mounting configuration (configuration of 16) and the mounting connector (46) having a communication module (control devices; Para. [0085]) such that the dispenser (10) dispenses the topical skin material (cosmetics or medicine; Para. [0054]) while the dispenser (10) is mated with the mounting plate (perimeter of 46; Figure 5) and while power for dispenser is being received through the connection (62; see Figure 6).
Referring to claim 27. Kuehl discloses a system (10; Figure 1)
wherein the mounting connector (46) is configured to include an electrical connection (electrical power; Para. [0057]) to facilitate the provisioning of the power for the dispenser through the connection (connection of 46 and 108).
Referring to claim 28. Kuehl discloses a system (10; Figure 1)
wherein a data collection request (by controller 154) is provided via the communication (data; Para. [0057]).
Referring to claim 29. Kuehl discloses a system (10; Figure 1)
wherein a dispense material (cosmetics or medicine; Para. [0054]) amount change is provided via the communication (request from controller 154).
Referring to claim 30. Kuehl discloses a system (10; Figure 1)
wherein a display service indicator instruction (a user interface; Functional device 22 may provide a user interface (not shown) to enable the user to interact with functional device 22, adapter 20 or host 12; Para. [0070]) is provided via the communication (request from controller 154).
Claim Rejections - 35 USC § 103
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.
Claims 3,4,8,31,33 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Kuehl (US 2011/0152024 A1) in view of Nielsen (US 2010/0085701 A1).
Referring to claim 3. Kuehl does not specifically disclose the connection between the dispenser and the mounting plate comprising at least one of:
a power over Ethernet connection
a blind mounted Ethernet connection;
a cat-5 connection; or a telephony connection;
Nielsen discloses a dispenser (150; Figure 1) comprising: the connection (interface between 100 and 150) between the dispenser (150) and the mounting plate (100) comprising at least one of:
(Applicant recites the limitations “at least one of” therefore, only one of the cited conditions is required to be met to satisfy the claimed structure)
a power over Ethernet connection (power interface 126 and communication interface 122; Ethernet connection Para. [0056]);
a blind mounted Ethernet connection; (not considered)
a cat-5 connection; or (not considered)
a telephony connection. (not considered)
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Kuehl to include the connection between the dispenser and the mounting plate comprising at least one of a power over Ethernet connection as taught by Nielsen because a single connection could transfer power as well as provide and Ethernet data connection.
Referring to claims 4, 31 and 33. Nielsen discloses a dispenser (150; Figure 1) comprising:
the device housing (housing of 150) comprising:
a communication module (128; Figure 1) of the communication module arrangement configured to:
provide at least one of:
a current device status, (not considered)
a usage metric, (a communication interface 254 for communication with a local or remote computing device, and a user interface 256 for interacting with a user by receiving user inputs and/or providing information to a user. Docking control electronics 250 may further include a timing system 260 for timing of docking station operations and events, a location tracking system 262 for determining geographical coordinates of the docking station and an ID reader 264 for reading an identification tag 265 on the marking device; Para. [0071])
maintenance information, a heartbeat, a list of functionality supported by the device, a current visualization displayed by the device, an identified hygiene opportunity, a service request, or a refill level through the connection to a remote device. (not considered)
Referring to claims 8 and 35. Kuehl discloses a dispenser (10; Figure 1), wherein
the topical skin material (cosmetics or medicine; Para. [0054]).
Kuehl does not specifically disclose the topical skin material comprising a sanitizing material.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Kuehl in view of Nielsen to include the topical skin material comprising a sanitizing material because such a modification is well within the skill of an artisan.
Response to Arguments
Applicant's arguments filed 06/26/2025 have been fully considered but they are not persuasive. See modified rejections cited in light of Kuehl in view of Nielsen as cited above.
Applicant argues the limitations “mounting configuration” defining a mounting slot as recited in claim 24 are well identified in the specifications and provide sufficient clarity and support. In view of the Examiner, Applicant’s recitation of “a mounting configuration” defining a mounting slot are indefinite since the limitations can be construed to mean an infinite type of mounting configurations that can define a mounting slot. It is suggested the Applicant recite specific configuration that is present in the invention that defines a mounting slot. Similar issue exists in the recitation of the limitations of a keying feature in clam 25.
In response to applicant's argument that the teachings of Nielson and Kuehl cannot not be effectively combined, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant further argues the limitations of claim 25 “information-based, keying feature” are fully disclosed.
The Applicant argues “However, information-based is simply a reference to the use of information that is used to for the keying. In other words, the keying is based upon the use of information. For example, please see at least the following paragraphs regarding keying and the use of information that is used for the keying (some paragraphs are provided in full, with some portions emphasized):
[0009] [0012] [0042] FIG. 1 B illustrates an exemplary method for electrically keying a mounting plate to a dispenser. At 152, the method starts. At 154, the method comprises positioning a dispenser in proximity to a mounting plate that is attached to a stationary mounting surface. In an example, by being positioned in proximity to the mounting plate, the dispenser can be within a distance (e.g., less than about 10 feet, less than about 5 feet, less than about 3 feet, etc.) from the mounting plate. The mounting plate can be attached to any number of stationary mounting surfaces, including walls, doors, windows, ceilings, or the like.”
In view of the Examiner there no specific disclosure in the specifications wherein keying feature is disclosed as an “information-based, keying feature.” The applicant has not specifically disclosed as to where in the specifications is disclosed what is an information-based, keying feature.
Applicant further argues “With regard to the rejections bases upon Kuehl, it is respectfully submitted that the Office action incorrectly tries to interpret/extrapolate the content of Kuehl… However, at no point within Kuehl does Kuehl disclose that the device 10 dispenses consumables.”
In view of the examiner the argued claims do not recite the limitations wherein the dispenser dispenses consumables rather for example in claim 1, the limitations recite, “a container of the topical skin material from which the topical skin material is dispensed upon activation of the dispenser.” The primary reference of Kuehl discloses “The term "consumable" and any variation thereof, as used herein, includes any substance that may be consumed by a host, an accessory device, or a user person, such as food, cosmetics, or medicine. The consumable may, for example, be a substance that is used up and must be replenished for subsequent cycles of operation.” in Para. [0054]. Kuehl discloses the disclose dispenser dispenses consumables such as cosmetics or medicines, cosmetics are generally a topical skin material. Thus, the teaching of Kuehl discloses the argued structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAKESH KUMAR/ Primary Examiner, Art Unit 3651