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 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, 23 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohammed et al (US 2019/0272699 A1).
Regarding Claim 1, Mohammed discloses
a food service system, i.e., vending machine (600), as illustrated in figure 1, for example, for controllably dispensing a first food product, i.e., “different flavors of ice cream, custard, frozen yogurt, sherbets, sorbets or other similar products” and/or “distinct flavors of a frozen food product (e.g., vanilla, chocolate, strawberry, etc.)”, as mentioned at paragraphs 47 and 48, for example,
the food service system (600) comprising:
a housing (880), as illustrated in figures 1 and 2 and as mentioned at paragraph 58, for example, having a first bay, i.e., user access station (630, 1104) as illustrated in figures 1, 2 and 25, for example, defined by one or more walls, i.e., noting figures 25-28 show various walls surrounding user access station (630, 1104);
a first positioning bracket, i.e., arm (835) and guide chute (823) as illustrated in figures 13-15, mounted in the first bay (630, 1104) and having a first opening, noting the hole in arm (835) as seen in figure 15, for example;
a first power supply module, i.e., noting the wire harnesses, for example, as illustrated in figure 9 and as mentioned at paragraph 46, noting motor (825), as mentioned at paragraph 52 and as illustrated in figures 13-15, must be powered by electricity, for example, having a first mounting interface, noting the spindle that interfaces with auger (820) can be construed as a mounting interface;
a first canister, i.e., container (810), configured to selectively couple with the first power supply module, as illustrated in figures 9 and 13-15,
and controllably dispense the first food product, i.e., different flavors of ice cream product, using power from the first power supply module, as illustrated in figure 9, wherein the first canister (810) comprises a first receptacle, i.e., construed as the wall of the canister (810), noting Applicant’s definition of both cannister (126) and receptacle (502) as mentioned at paragraphs 80 and 81 and as illustrated at figure 11 of Applicant’s disclosure, a first base, i.e., construed as the bottom of cannister (810) with opening (815) through which auger (820) passes, as well as guide chute (823), all of which operate as a nozzle similar to Applicant’s disclosed base, coupled to the first receptacle (810), and a first dispenser, i.e., auger (820) as illustrated in figure 15, for example, the first base having a first outlet, i.e., dispense opening (815), aligned with the first opening in the first positioning bracket (835); and
a first drive motor module, i.e., motor (825), removably mounted to the first base and operatively coupled to the first dispenser (820) as illustrated in figure 15, for example; wherein the first canister (810) is removably mounted in the first bay (630, 1104) by at least an engagement between the first drive motor module (825) and the first mounting interface, i.e., construed as the superstructure of the frame, brackets and housing, of the first power supply module; and
wherein the first drive motor module (825) actuates the first dispenser (820) in response to an electrical signal, i.e., via processing electronics (632) as mentioned at paragraph 62 and as illustrated in figure 9, for example, and the first dispenser (820) controllably dispenses the first food product from the first receptacle (810) to the first outlet (815).
Regarding Claim 23, Mohammed discloses wherein the housing (880) comprises a sensor, i.e., weight monitor/strain gauge (840), as illustrated in figure 15, positioned below the first outlet (815), wherein the sensor (840) is configured to cause the first drive motor module (825) to control, i.e., via processing electronics (632) the first dispenser (820) to controllably dispense the first food product, i.e., frozen food product (1118), as mentioned at paragraphs 52 and 93 and as illustrated in figures 15 and 26, for example.
Regarding Claim 24, Mohammed discloses wherein the first canister (810), as illustrated in figures 14 and 15, comprises a spindle, noting that the auger (820) must inherently have a spindle or spindle like structure connected it to the motor (825), and noting that annotated figure 15, found below in the Response to Arguments, expressly shows motor (825) having a spindle/axle/shaft-like structure extending through the first base, i.e., construed as the bottom of cannister (810) with opening (815) through which auger (820) passes, as well as guide chute (823), all of which operate as a nozzle similar to Applicant’s disclosed base, the spindle removably coupled to the first drive motor module (825), as illustrated in figure 15, for example.
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) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mohammed et al (US 2019/0272699 A1) in view of Milan et al (US 2009/0179042 A1).
Regarding Claims 2-8, Mohammed teaches the system as described above.
Regarding Claim 2, Mohamed further teaches mention of a refrigerated enclosure as mentioned at paragraphs 51 and 53, which states as follows.
[0051] Referring to FIGS. 13-15, topping dispensing station 625 is configured to automatically dispense at least one topping. Toppings may be solid or liquid and may require refrigeration or not. For example, toppings can include various types of candy, sprinkles, fruit, syrups and other toppings appropriate for serving with a frozen food product.
[0053] In some embodiments, topping dispensing station 625 is configured to dispense one or more liquid toppings (e.g., chocolate sauce, hot fudge, caramel, butterscotch, etc.) in place of or in addition to solid toppings. Topping dispensers for liquid toppings are known in the art and typically include a vertically movable pump lever that is depressed to dispense the liquid topping. A linear actuator, stepper motor or other appropriate automatic actuator may be used to depress the pump lever or actuate a pump to automate the operation of a liquid topping dispenser. Processing electronics may be configured to determine the amount of liquid topping dispenses based on an input from a flow sensor, an input from a weight sensor (e.g., similar to weight sensor 840), the duration of time the pump is activated, the number of steps of a stepper motor used to activate a pump, etc. In embodiments including one or more toppings that need to be refrigerated, a refrigeration enclosure and a related refrigeration system are included in order to maintain the toppings at the appropriate refrigerated temperature.
Emphasis provided
Regarding Claim 2, Mohammed does not expressly teach
further comprising a temperature control system and a temperature controlled compartment, wherein the temperature control system is configured to provide a temperature controlled airflow to the temperature controlled compartment.
Regarding Claim 2, Mohammed does not expressly teach, but Milan teaches
further comprising a temperature control system, i.e., controller (40) with temperature sensor (272) and a temperature controlled compartment, i.e,. noting chiller section (26, 26a, 26b) with smoothie receptacle storage section (24, 24n) as illustrated in figures 1, 15, 28, 31, 32 and 38 and as mentioned at paragraphs 90 and 95, for example, wherein the temperature control system (40) is configured to provide a temperature controlled airflow to the temperature controlled compartment (24, 24n).
Regarding Claim 2, before the effective filing of the invention, it would have been obvious to one of ordinary skill in the art to have provided further comprising a temperature control system and a temperature controlled compartment, wherein the temperature control system is configured to provide a temperature controlled airflow to the temperature controlled compartment, as taught by Milan, in Mohammed’s food service system, for the purpose of cooling the frozen items/products such as ice cream.
Regarding Claim 3, Mohammed does not expressly teach wherein the temperature control system is a cooling system and the temperature controlled airflow is a chilled airflow, and wherein the housing comprises a first fan configured to direct at least a portion of the chilled airflow in a first direction along the first canister to cool the first canister.
Regarding Claim 3, Mohammed does not expressly teach, but Milan teaches wherein the temperature control system (40, 272) is a cooling system, as mentioned at paragraph 110, first sentence, stating “controller 40 is configured to initiate and terminate a chill cycle of operation wherein the contents of the selected smoothie receptacle are lowered to the second temperature for crystallizing the contents of the selected smoothie receptacle” and noting refrigeration unit (32) as illustrated in figures 37, and the temperature controlled airflow is a chilled airflow, as mentioned in paragraph 136, mentioning “a source of airflow”, and wherein the housing, i.e., frame (22), as illustrated in figure 1, comprises a first fan (252) configured to direct at least a portion of the chilled airflow in a first direction along the first canister, i.e., bin (302) to cool the first canister (302), for example.
Regarding Claim 4, Mohammed does not expressly teach further comprising a cooling system providing a chilled airflow, wherein the first positioning bracket comprises an aperture configured to direct at least a portion of the chilled airflow to isolate the first canister from ambient air outside the housing.
Regarding Claim 4, Mohammed does not expressly teach, but Milan teaches further comprising a cooling system (40, 272) providing a chilled airflow, i.e., via fan (252), wherein the first positioning bracket, i.e., chiller mounting plate (80, 80s, 80c, 170), comprises an aperture, i.e., the spacing between the fins of finned heat exchanger (92) as mentioned in paragraph 107 and as illustrated in figures 8-10, for example, configured to direct at least a portion of the chilled airflow to isolate the first canister, i.e., smoothie receptacles (30), from ambient air outside the housing (22) as mentioned at paragraphs 96, 124 and as illustrated in figures 2-4, 10, 15.
Regarding Claim 5, Mohammed does not expressly teach, wherein the aperture is a slot having an elongated dimension approximate the first opening in the first positioning bracket.
Regarding Claim 5, Mohammed does not expressly teach, but Milan teaches wherein the aperture, i.e., the spacing between the fins of finned heat exchanger (92) as mentioned in paragraph 107 and as illustrated in figures 8-10, for example, is a slot having an elongated dimension approximate the first opening, i.e, the ends of the chiller guide funnel (56) in which smoothie receptacle (30) slides, in the first positioning bracket, i.e., chiller guide funnel (56), as illustrated in figures 3, 4, 10.
Regarding Claim 6, Mohammed teaches wherein the first outlet of the first canister (810) is disposed above the aperture in the first positioning bracket (835), as illustrated in figures 14 and 15, noting that the bracket (835) and the aperture (815) are located below cannister (810).
Note that it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding Claim 7, see the rejection of Claim 1, noting that it would have been obvious to one of ordinary skill in the art to have duplicated the canister and its positioning brackets, as well as other pertinent details as needed to meet the demand for higher volumes of frozen product as well as to vary the flavors offered.
Regarding Claim 8, see the rejection of Claim 1, noting that it would have been obvious to one of ordinary skill in the art to have duplicated the canister and its positioning brackets, as well as other pertinent details as needed to meet the demand for higher volumes of frozen product as well as to vary the flavors offered.
Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mohammed et al (US 2019/0272699 A1) in view of Vulpitta et al (US 2018/0289034 A1) in view of Luberto et al (US 11,508,202 B1).
Regarding Claims 21 and 22, Mohammed teaches the system as described above.
Regarding Claim 21, Mohammed does not expressly teach
wherein the first positioning bracket comprises a connection area positioned proximate the first opening, the connection area configured to engage the first base to removably couple the first base to the first bay.
Regarding Claim 21, Mohammed does not expressly teach, but Vulpitta teaches
a housing/cabinet/frame (12) with a dispenser assembly including container tray (24) and pinch deck (28), a first opening, i.e., deck tube guide (33), in thermal deck/ positioning bracket (32), as illustrated in figure 8, for example.
Regarding Claim 21, Mohammed does not expressly teach, but Luberto teaches
wherein the first positioning bracket, i.e., rectangular recess (28), comprises a connection area, i.e., L-shaped cutaway (52, 54), as illustrated in figures 3-5 and as mentioned at col. 5, lines 40-48, positioned proximate the first opening, i.e., enlarged opening section (46), as illustrated in figures 3-5, the connection area configured to engage the first base, i.e., module (12), as illustrated in figure 3 and as mentioned at col. 5, lines 10-39, to removably couple the first base (16) to the first bay (12).
Regarding Claim 21, before the effective filing of the invention, it would have been obvious to one of ordinary skill in the art to have provided wherein the first positioning bracket comprises a connection area positioned proximate the first opening, the connection area configured to engage the first base to removably couple the first base to the first bay, as taught by Vulpitta and Luberto, in Mohammed’s food service system, for the purpose of connecting the dispenser within a support frame using common connection mechanisms.
Regarding Claim 22, Mohammed does not expressly teach wherein the connection area is a rectangular slot positioned rearward of the first opening.
Regarding Claim 22, Mohammed does not expressly teach, but Luberto teaches wherein the connection area (52, 54) is a rectangular slot positioned rearward of the first opening, noting the openings (44, 48) and elongated recess (50) and noting that Vulpitta’s first opening (33) is located in the front of the thermal deck/positioning bracket (32), for example.
Response to Arguments
Applicant's arguments filed 5/29/26 have been fully considered but they are not persuasive.
Applicant asserts at Remarks received 5/29/26, p. 9, first full paragraph, that “Mohammed does not disclose ‘a first power supply having a first mounting surface’ because “the spindle 842 does not interface with the auger 820 in any manner, nor do the spindle 842 and the auger 820 interface with or are defined by the first power supply module”.
However, Applicant excessively narrowly construes both the prior art and the claims. For example, Mohammed discloses auger (820) which is connected to and powered by motor (825), both of which are mounted on arm/bracket (835). A spindle is defined by www.dictionary.com, fourth definition, as “any rod or pin suggestive of a spindle used in spinning, as one that turns around or on which something turns; an axle, axis or shaft”. The auger (820) must inherently have a spindle or spindle like structure to connected it to the motor (825). However, Figure 15 expressly shows motor (825) having a spindle/axle/shaft-like structure as shown as follows.
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822
676
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Thus, Auger (820) directly interfaces with the spindle of the motor (825), as seen in figure 15, above. This is considered enough to meet Applicant’s limitation “a first power supply module having a first mounting interface” and “a first canister configured to selectively couple with the first power supply module”, that is a first power supply module, i.e., motor (825) with arm/bracket (835), as illustrated in figure 15, having a first mounting interface, i.e., the connection between auger (820) and the spindle/shaft of the motor (825) and the arm/bracket, a first canister, i.e., container/topping dispenser (790), configured to selectively couple with the first power supply module (825, 835).
Regarding the terms “the first cannister is removably mounted in the first bay by at least an engagement between the first drive motor module and the first mounting surface of the first power supply module”, it is noted that “removably mounted” is considered to be a functional limitation. Nonetheless, the topping dispenser (790) as well as any of the other topping dispensers (795, 800, 805), can be construed as being removably mounted since any method of removal may be used, such as cutting, as well as disassembly using screws. Therefore, Mohammed is considered to teach these limitations.
Therefore, Claims 1-8 and 21-24 are rejected.
Conclusion
Applicant is encouraged to contact the Examiner should there be any questions about this rejection or in an endeavor to explore potential amendments or potential allowable subject matter.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hundley ‘853 is cited as teaching another frozen food product dispensing device having spindle assembly (40), as illustrated in figure (2), for example.
Miller ‘954 is cited as teaching another frozen food product dispensing device having spindle assembly (20), as illustrated in figure (2), for example.
Cocchi ‘539 is cited as teaching another frozen food product dispensing device having spindle assembly (7) with motor (10), as illustrated in figure (4), for example.
Cocchi ‘614 is cited as teaching another frozen food product dispensing device having spindle assembly (6) with motor (6c), as illustrated in figure (3), for example.
Davis ‘270 is cited as teaching another frozen food product dispensing device having spindle assembly (433) with motor (438), as illustrated in figure (3), and showing an ice cream vending machine (100) with housing/cabinet (1122) having shelves such as freezer support (142), as illustrated in figure 8 and as mentioned at paragraph 51 for example.
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 JEFFREY ALAN SHAPIRO whose telephone number is (571)272-6943. The examiner can normally be reached Monday-Friday generally between 8:30AM and 6:30PM.
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/JEFFREY A SHAPIRO/Primary Examiner, Art Unit 3619
August 14, 2026
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