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 § 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 19-24 and 27 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.
The term “lower” in claims 19 and 27 is a relative term which renders the claim indefinite. The term “lower” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As there is not specification for the condition of lower intensity or time duration, it is unclear when the limitations of claims 19 and 27 would be met.
Claims 20-24 are rejected due to their dependence on claim 19.
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.
Claims 1-3, 6-13, 15, 17-18, 25-32, and 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Boyer (US 20230263363 A1) in view of Carpenter (US 20170186110 A1).
Regarding claim 1, Boyer teaches a reusable food or beverage container sanitizing system (abstract); comprising: a reusable food or beverage container (reusable beverage containers, paragraph [0036]); a UV sanitizing subsystem (pop-up ultraviolet sanitizer, abstract) comprising: a housing sized, dimensioned, and configured to envelop a reusable food or beverage container (Figure 2 housing “22” to receive container); and at least one UV light source configured to direct UV light at a predetermined intensity level and time duration one a reusable food or beverage container in such a way as to result in sanitizing of surfaces of the reusable food or beverage container (incorporate an ultraviolet sanitizing assembly to sanitize inner and outer surfaces of container with ultraviolet light, paragraph [0090]); wherein the UV sanitizing subsystem receives an unsanitized reusable food or beverage container (customer inserts an unwashed beverage container, paragraph [0040]); wherein the UV sanitizing subsystem sanitizes the reusable food or beverage container prior to the food or beverage order being fulfilled in the reusable food or beverage container (sanitize beverage container prior to filling the beverage container, abstract), but does not teach an identification subsystem, comprising: an identification device associated with the reusable food or beverage container; at least one reader that communicates with the identification device and exchanges container data that characterizes the identification device and associated reusable food or beverage container; and a computing device in communication with a data store storing information relating a food or beverage order to be fulfilled in the reusable food or beverage container; an order information device; and wherein the food or beverage order is fulfilled in the sanitized reusable food or beverage container according to information provided by the order information device in communication with the data store. However, Carpenter teaches an identification subsystem (hub unit can identify or otherwise determine a product order from a point of sale, paragraph [0086], comprising: an identification device associated with the reusable food or beverage container (provide a machine-accessible item having encoded thereon at least a portion of the order information, paragraph [0025]); at least one reader that communicates with the identification device and exchanges container data that characterizes the identification device and associated reusable food or beverage container (scanning device configured to scan or read any suitable machine readable code, paragraph [0116]); and a computing device in communication with a data store storing information relating a food or beverage order to be fulfilled in the reusable food or beverage container (computing device embodied as a control unit integrated with product dispenser, paragraph [0037], and control unit can retain the order record in a memory integrated into the dispenser, paragraph [0027]); an order information device (product order originating from an access device, paragraph [0014]); and wherein the food or beverage order is fulfilled in the sanitized reusable food or beverage container according to information provided by the order information device in communication with the data store (product dispenser configured to fulfill product order, abstract).
Boyer is considered analogous to the current invention because both relate to the automatic sanitation of reusable food or beverage containers. Carpenter is considered analogous to the current invention because both relate to automated product order fulfillment. Therefore, it would have been obvious to one of ordinary skill in the art to combine the reusable container sanitation system taught by Boyer with automated retail order fulfillment system taught by Carpenter because Boyer teaches the use of beverage container sanitation systems could overcome cleanliness problems with reusable containers in the retail environment (paragraph [0002]) without compromising the fast paced environment associated with retail food service (paragraph [0004]).
Regarding claim 2, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein an instance of the at least one reader is disposed to read the identification device prior to placing the reusable food or beverage container into the UV sanitizing subsystem (Figure 16 scanner “1606” to scan barcode “1612” prior to placing container “1610” into dispenser “1602”, Carpenter).
Regarding claim 3, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the identification device is incorporated on or embedded within the reusable beverage container (Figure 16 barcode “1612” placed on beverage container “1610”, Carpenter).
Regarding claim 6, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the identification device comprises one or more of a bar code, a QR code, an NFC chip, or an RFID tag (order information encoded on barcode or RFID, paragraph [0026], Carpenter).
Regarding claim 7, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the order information device is a receipt or label printer (POS unit can include a printer as an issuance unit, paragraph [0025], Carpenter).
Regarding claim 8, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the order information device is display screen (information collection unit can include a touch-screen display, paragraph [0021], Carpenter).
Regarding claim 9, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein housing of the UV sanitizing subsystem comprises an access door provided access to the UV sanitizing subsystem when the access door is in an open state and blocking access to the UV sanitizing subsystem when the access door is in a closed state (concentric housing members rotatable to enable or inhibit access to the chamber, paragraph [0076], Boyer).
Regarding claim 10, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein when the access door is in the closed state, a UV sanitization cycle is initiated using the UV light source (Figure 6 move from loading position to washing position “204” then activate UV lights “206”, Boyer) and when the UV sanitization cycle is complete, the access door is moved to an open state (Figure 6 shut off UV lights “212” then move from washing position to unloading position “214”, Boyer).
Regarding claim 11, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the UV sanitizing subsystem further comprises a retrieval door opposite the access door (separate entrance and exit openings are used, paragraph [0040], Figure 7 openings “24” and “26” are on opposite sides of system “10”, Boyer), the retrieval door providing access to the UV sanitizing subsystem when the retrieval door is in an open state and blocking access to the UV sanitizing subsystem when the retrieval door is in a closed state (concentric housing members rotatable to enable or inhibit access to the chamber, paragraph [0076], Boyer).
Regarding claim 12, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the access door is configured to receive an unsanitized reusable food or beverage container and the retrieval door is configured to allow retrieval of a sanitized reusable food or beverage container after UV sanitization cycle (customer inserts unwashed container into the system and retail employee removed washed container after completion of cycle, paragraph [0040], Boyer).
Regarding claim 13, the combination of Boyer and Carpenter teaches all aspects of the current invention including a conveyor configured to receive an unsanitized reusable food or beverage container, move the unsanitized reusable food or beverage container in the UV sanitizing subsystem through the access door, and move the sanitized reusable food or beverage container out of the UV sanitizing subsystem through the retrieval door (holder with beverage container can be moved between different stations including ultraviolet sanitizing station by a conveyor, paragraph [0054], Boyer).
Regarding claim 15, the combination of Boyer and Carpenter teaches all aspects of the current invention including a container centering device disposed within the UV sanitizing subsystem (Figure 5 holder “28” disposed within housing “22” configured to hold beverage container, Boyer).
Regarding claim 16, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the container centering device comprises at least one mechanical arm (holder can be configured to electronically open, close, or move, paragraph [0053], Boyer).
Regarding claim 17, the combination of Boyer and Carpenter teaches wherein the at least one UV light source comprises an array of UV lights (ultraviolet sanitizing lights formed by arrays of UV LEDs, paragraph [0091], Boyer).
Regarding claim 18, the combination of Boyer and Carpenter teaches wherein the array of UV light is disposed on an inner surface of one or more sides of the UV sanitizing subsystem (UV LEDs incorporated into the inner concentric housing member, paragraph [0091], Boyer).
Regarding claim 25, the combination of Boyer and Carpenter teaches all aspects of the current invention including a rotating base for rotating the reusable food or beverage container within the UV sanitizing system (holder may be configured to rotate, paragraph [0053], Boyer).
Regarding claim 26, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein at least one UV light source is disposed on an arm that extends into an internal volume of the reusable food or beverage container to sanitize an interior surface of the container (pop-up ultraviolet sanitizer to selectively extend into an interior of a beverage container, paragraph [0093], Boyer).
Regarding claim 27, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the arm is configured to place the UV light source in proximity to the interior surface of the reusable food or beverage container allowing for effective sanitization at a lower intensity level or time duration (pop-up ultraviolet sanitizer positions an ultraviolet light closer to the interior of the beverage container, paragraph [0093], Boyer).
Regarding claim 28, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the arm is configured to rotate within the internal volume of the container to distribute application of UV light (pop-up ultraviolet light capable of rotating about an axis of rotation, paragraph [0099], Boyer).
Regarding claim 29, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the housing rotates around the UV sanitizing subsystem (UV LEDs may be located in fixed or stationary locations while outer housing is rotatable, paragraph [0092], Boyer) and wherein the access door connected to the housing receives unsanitized reusable food or beverage container in a first position located on a first side of the UV sanitizing subsystem and rotates to a second position located on second side of the UV sanitizing subsystem to provide access to a sanitized reusable food or beverage container (concentric housing members rotatable to enable or inhibit access to the chamber, paragraph [0076], and customer inserts unwashed container into the system and retail employee removed washed container after completion of cycle, paragraph [0040], Boyer).
Regarding claim 30, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein sliding members of the housing rotate around the UV sanitizing subsystem (inner rotatable concentric housing member, paragraph [0079], Boyer) and wherein the sliding members provide an access door which receives unsanitized reusable food or beverage container in a first position located on a first side of the UV sanitizing subsystem and rotate to a second position located on second side of the UV sanitizing subsystem to provide access to a sanitized reusable food or beverage container (concentric housing members rotatable to enable or inhibit access to the chamber, paragraph [0076], and customer inserts unwashed container into the system and retail employee removed washed container after completion of cycle, paragraph [0040], Boyer).
Regarding claim 31, the combination of Boyer and Carpenter teaches all aspects of the current invention including wherein the housing includes a cleansing device (at least one nozzle oriented to spray wash fluid onto beverage container while held by holder, paragraph [0006], Boyer).
Regarding claim 32, while the combination of Boyer and Carpenter does not explicitly teach a second UV sanitizing subsystem inside the housing that is sized, dimensioned, and configured to envelop a reusable food or beverage container; a second access door providing to the second UV sanitizing subsystem when the second access door is in an open state, and blocking access to the second UV sanitizing subsystem when the second access door is in a closed state; and at least one UV light source disposed within the second UV sanitizing subsystem and configured to direct UV light at a predetermined intensity level and time duration onto the reusable food or beverage container positioned inside the second UV sanitizing subsystem in such a way as to result in sanitizing of surfaces of the reusable food or beverage container; wherein when the second door is in the closed state a UV sanitization cycle is initiated using the UV light source and when the UV sanitization cycle is complete, the second access door is moved to the open state. However, it has been established that the duplication of parts does not hold patentable significance over prior art. As it has been established in the above rejections, the combination of Boyer and Carpenter teaches at least one of each of the above features. Additionally, Boyer teaches that the washing system may operate on multiple beverage containers at the same time (paragraph [0040]). Therefore, it would have been obvious to one of ordinary skill in the art to provide additional UV sanitizing subsystems to achieve the desired reusable container sanitation capacity (See MPEP 2144.4 VI (B)).
Regarding claim 35, the combination of Boyer and Carpenter teaches wherein the access door automatically transitions between the closed and open states (Figure 6 move from loading position to washing position “204” then activate UV lights “206”, and Figure 6 shut off UV lights “212” then move from washing position to unloading position “214”, Boyer).
Regarding claim 36, Boyer teaches a method of enabling use of reusable food or beverage containers using a reusable food or beverage container sanitizing system (abstract), the method comprising: providing a reusable food or beverage container sanitizing system comprising a reusable food or beverage container, an identification subsystem with at least one reader, an order information device, and a UV sanitizing subsystem, the reusable food or beverage container having an associated identification device readable by the at least one reader (taught by a combination of Boyer and Carpenter. See rejection of claim 1 above); the customer placing the reusable food or beverage container into the UV sanitizing subsystem (customer inserts beverage container into system, paragraph [0040]); the UV sanitizing subsystem sanitizing the reusable food or beverage container (perform washing operation, paragraph [0040]); a retail employee retrieving the sanitized reusable food or beverage container from the UV sanitizing subsystem (retail employee removes container after washing operation, paragraph [0040]); the retail employee fulfilling the customer order in the reusable food or beverage container according to information provided by the order information device (used to rapidly wash the beverage container of a customer prior to filling the beverage container with a beverage that has been purchased by a customer, paragraph [0039]), but does not teach receiving a customer order; reading the identification device associated to the customer’s reusable food or beverage container; associating the customer order to the reusable food or beverage container; or customer retrieving the fulfilled order in the reusable food or beverage container from a customer pickup location. However, Carpenter teaches receiving a customer order (Figure 8 block “810”); reading the identification device associated to the customer’s reusable food or beverage container (Figure 8 block “820”); associating the customer order to the reusable food or beverage container (Figure 8 block “830”); and customer retrieving the fulfilled order in the reusable food or beverage container from a customer pickup location (consumer interaction with a product dispenser configured to fulfill product order, paragraph [0022]).
Boyer and Carpenter are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to combine the reusable food or beverage container sanitizing method taught by Boyer with the retail customer order system taught by Carpenter because Boyer teaches the use of beverage container sanitation systems could overcome cleanliness problems with reusable containers in the retail environment (paragraph [0002]) without compromising the fast paced environment associated with retail food service (paragraph [0004]).
Claims 4-5 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Boyer and Carpenter in view of Gokcebay (US 20210225104 A1).
Regarding claim 4, the combination of Boyer and Carpenter teaches all aspects of the current invention as discussed above except wherein an instance of the at least one reader is disposed to read the identification device of the reusable beverage container when placed into the UV sanitizing subsystem. However, Gokcebay teaches an instance of the at least one reader is disposed to read the identification device of the reusable beverage container when placed into the UV sanitizing subsystem (employee scans barcode to place container into locker, paragraph [0107]).
Boyer and Carpenter are considered analogous to the current invention as described above. Gokcebay is considered analogous to the current invention because both are related to consumer container sterilization with information systems. Therefore, it would have been obvious to one of ordinary skill in the art to combine the reusable container sterilization device taught by Boyer and Carpenter with the scanner to place the container into the UV sterilizer taught by Gokcebay because Gokcebay teaches scanning the container as it enters the UV sterilizer advantageously allows for the notification of the location and sterilization status of the container for the recipient (paragraph [0108]).
Regarding claim 5, the combination of Boyer and Carpenter teaches all aspects of the current invention as discussed above except wherein an instance of the at least one reader is disposed to read the identification device of the reusable beverage container prior to returning a filled container to a customer. However, Gokcebay teaches an instance of the at least one reader is disposed to read the identification device of the reusable beverage container prior to returning a filled container to a customer (customer scans bar code associated with their package for pickup, paragraph [0113]).
Boyer, Carpenter, and Gokcebay are considered analogous to the current invention as described above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the reusable container sterilization device taught by Boyer and Carpenter with the scanner for customer pickup taught by Gokcebay because Gokcebay teaches this additional scan advantageously allows for a consumer to securely receive the item associated with them (paragraph [0113]).
Regarding claim 34, the combination of Boyer and Carpenter teaches all aspects of the current invention except wherein the access door is locked during a sanitization cycle and unlocked after the sanitization cycle. However, Gokcebay teaches wherein the access door is locked during a sanitization cycle and unlocked after the sanitization cycle (locker door will not open while UV is illuminated and UV light cannot illuminate if locker door is open, paragraph [0093]).
Boyer, Carpenter, and Gokcebay are analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the reusable container sterilization device taught by Boyer and Carpenter with the locking feature taught by Gokcebay because Gokcebay teaches such a feature advantageously prevents human contact with dangerous UV light (paragraph [0093]).
Claims 14 and 19-24 are rejected under 35 U.S.C. 103 as being unpatentable over Boyer and Carpenter in view of Alpert (US 20170273534 A1).
Regarding claim 14, Boyer and Carpenter teaches all aspects of the current invention as discussed above except wherein the conveyor comprises a conveyor belt. However, Alpert teaches wherein the conveyor comprises a conveyor belt (belt drive for driving a mounting structure in the chamber, paragraph [0069]).
Boyer and Carpenter are analogous to the current invention as discussed above. Alpert is considered analogous to the current invention because both are in the field of ultraviolet dish sterilization devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine reusable container sanitizing system taught by Boyer and Carpenter with the conveyor belt taught by Alpert through simple substitution of parts. As Boyer teaches the movement within the sterilizing device can be completed with a conveyor or any suitable articulating means (paragraph [0054]), there would have been an expectation of success to substitute the known structure of a conveyor belt into the sterilization device taught by Boyer and Carpenter (See MPEP 2143 I (B)).
Regarding claim 19, the combination of Boyer and Carpenter teaches all aspects of the current invention as discussed above except wherein the at least one UV light source is disposed on a container profiler that is configured to conform to a shape of the reusable food or beverage container to place the at least one UV light source in proximity to an outer surface of the reusable food or beverage container allowing for effective sanitization at a lower intensity level or time duration. However, Alpert teaches the at least one UV light source is disposed on a container profiler that is configured to conform to a shape of the reusable food or beverage container to place the at least one UV light source in proximity to an outer surface of the reusable food or beverage container allowing for effective sanitization at a lower intensity level or time duration (robotic arms direct at least one sterilizing apparatus based on a determined dimension or shape of the object, paragraph [0007], and sterilization can include UV light paragraph [0045]).
Boyer, Carpenter, and Alpert are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the reusable container sterilizing device taught by Boyer and Carpenter with the container profiler structure taught by Alpert because Alpert teaches that sterilization based on the shape of the container will advantageously reduce the size of the device, paragraph [0007]).
Regarding claim 20, the combination of Boyer, Carpenter, and Alpert teaches all aspects of the current invention including wherein the profiler comprises one or more members having at least one UV light source mounted thereon, the members configured to move toward an outer surface of the reusable food or beverage container to place the UV light in proximity to the outer surface of the reusable food or beverage container (robotic arms direct at least one sterilizing apparatus based on a determined dimension or shape of the object, paragraph [0007], and sterilization can include UV light paragraph [0045], Alpert).
Regarding claim 21, the combination of Boyer, Carpenter, and Alpert teaches all aspects of the current invention including wherein the container profiler comprises a plurality of linear moving members (robot arms include linearly extending portions that extend towards and retract from the object, paragraph [0066], Alpert).
Regarding claim 22, the combination of Boyer, Carpenter, and Alpert teaches all aspects of the current invention including wherein the container profiler comprises articulating members (robot arms having articulating portions, paragraph [0093], Alpert).
Regarding claim 23, the combination of Boyer, Carpenter, and Alpert teaches all aspects of the current invention including wherein the profiler comprises one or more sensors for detecting a shape of the reusable or beverage container (sensor configured to determine a dimension or shape of an object, abstract, Alpert).
Regarding claim 24, the combination of Boyer, Carpenter, and Alpert teaches all aspects of the current invention including wherein the container profiler is configured to rotate around the container to distribute application of UV light (robot arm is rotatably mounted to the support via a moveable base, paragraph [0016], Alpert).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Boyer and Carpenter in view of Alpert ‘163 (US 20100012163 A1).
Regarding claim 33, the combination of Boyer and Carpenter teaches all aspects of the current invention as discussed above except wherein the second UV sanitizing subsystem is configured to operate in an opposite direction of the UV sanitizing subsystem. However, Alpert ‘163 teaches wherein the second UV sanitizing subsystem is configured to operate in an opposite direction of the UV sanitizing subsystem (Figure 30 doors “801” disposed on opposite sides of device “800’” associated with chambers “803” and “803a”).
Boyer and Carpenter are considered analogous to the current invention as discussed above. Alpert ‘163 is considered analogous to the current invention because both are in the field of ultraviolet container sanitizing devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine the reusable container sterilizing device taught by Boyer and Carpenter with the opposite direction operation taught by Alpert ‘163 because Alpert ‘163 teaches the dual chambers advantageously allows for sequential or alternative operation of sterilization chambers increasing the efficiency of the device (paragraph [0220]).
Conclusion
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/K.R.S./Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799