DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
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.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richard K. Bolen (5,190,133 – hereinafter Bolen) in view of Maxwell Paul Davitt (US 11,776,349 – hereinafter Davitt), Salmon et al. (4,211,331 – hereinafter Salmon), Kunzer et al. (US 9,249,970 – hereinafter Kunzer), Ernest J. Lachance (3,130,862 – hereinafter Lachance), Peder Mario Antonius Nyblom (US 3,186,594 – hereinafter Nyblom) and Dipnisio Jose Chamorro (US 2001/0035426 – hereinafter Chamorro).
Re Claims 1 and 4:Bolen discloses a candy dispenser (10) having a plurality of compartments (19a-19c) each being integrated into said candy dispenser (10) wherein each of said compartments (19a-19c) is configured to contain candy, said candy dispenser (10) having a plurality of coin operated dispensing units (22a-22c) each being integrated into said candy dispenser (10), each of said coin operated dispensing units (22a-22c) being aligned with a respective one of said compartments (19a-19c) (see Figs. 1-3); a pole (12) being coupled to and extending downwardly from said candy dispenser (10), a base (14) engaging said pole (12) wherein said base (14) is configured to rest on a support surface (see Figs. 1-8), wherein: each of said coin operated dispensing units (22a-22c) includes a chute (at 26a-26c) and a knob (25b) wherein each of said coin operated dispensing units (22a-22c) is configured to dispense a pre- determined amount of candy outwardly through said chute when a coin is inserted into said coin operated dispensing units (22a-22c) and said knob (25b) is rotated; said candy dispenser has a tray (28) extending beneath said chute of each of said coin operated dispensing units (22a-22c) wherein said tray (28) is configured to capture the candy dispensed from said chute; said candy dispenser has a bottom wall, a first lateral wall and a front wall, each of said coin operated dispensing units (22a-22c) being integrated into said front wall, said tray (28) being positioned on said front wall (see Figs. 1-8), but fails to teach a cup holder being coupled to said candy dispenser wherein said cup holder is configured to contain a plurality of cups each being removable from said cup holder for holding the candy that is dispensed from said candy dispenser; said pole being comprised of a translucent material wherein said pole is configured to pass light through said pole; and a plurality of light emitters, each of said light emitters being positioned within said pole wherein each of said light emitters is configured to emit light outwardly through said pole when said light emitters are turned on, wherein said dispenser has a receiver extending downwardly from said bottom wall, said receiver having a distal end with respect to said bottom wall, said distal end being open, said receiver being centrally positioned on said bottom wall, and wherein said cup holder has a lower wall and an outer wall extending upwardly from said lower wall, said outer wall having a distal edge with respect to said lower wall defining an opening into said cup holder, said outer wall having a slot extending downwardly from said distal edge toward said lower wall and terminating spaced upwardly from said lower wall, said outer wall being attached to said first lateral wall of said candy dispenser having said slot being directed away from said first lateral wall, said cup holder being positioned proximate said bottom wall of said candy dispenser.
Davitt teaches a cup holder (14) being coupled to a candy dispenser (10) wherein said cup holder (14) is configured to contain a plurality of cups (15) each being removable from said cup holder (14) for holding the candy that is dispensed from said candy dispenser (10) (see Figs. 1-9). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, to allow for a sanitary and convenient way for holding candy to be dispensed.
Salmon teaches a plurality of light emitters (48) (on a pole of a merchandise device). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt and Salmon to allow for an attractive display for a consumer.
Kunzer teaches a pole being comprised of a translucent (clear) material wherein said pole (104, 125, 154, 163), is configured to pass light through said pole, each of said light emitters (107) being positioned within said pole (104, 125, 154, 163) wherein each of said light emitters (107) is configured to emit light outwardly through said pole (104, 125, 154, 163) when said light emitters (107) are turned on (see Figs. 1-10). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, and Kunzer to protect the light display against outer damage.
Lachance further in view teaches wherein a dispenser has a receiver (12) extending downwardly from a bottom wall, said receiver (12) having a distal end with respect to said bottom wall, said distal end being open, said receiver (12) being centrally positioned on said bottom wall (see Figs. 1-6). Re Claim 4: Lachance further in view teaches wherein a pole (6) has an upper end and a lower end, said upper end being coupled to said bottom wall of said candy dispenser, said distal end of said receiver (12) insertably receiving said upper end of said pole (6) (see Figs. 1-6). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer and Lachance to provide an alternative attachment means for two portions as known within the art.
Nyblom further in view teaches wherein a cup holder (10) has a lower wall (near 29) and an outer wall (1) extending upwardly from said lower wall (near 29), said outer wall (1) having a distal edge (near 2) with respect to said lower wall (near 29) defining an opening (6) (see Fig. 1) into said cup holder (10), said outer wall (1) having a slot (11) extending downwardly from said distal edge (near 2) toward said lower wall (near 29) and terminating spaced upwardly from said lower wall (near 29), said outer wall (1) being attached to a first lateral wall of (a wall/cooler) having said slot (11) being directed away from said first lateral wall (see col. 2 lines 7-12, see Figs. 1-6). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance and Nyblom to provide an alternative means for mounting a cup dispenser as known within the art, while also allowing for visually seeing what’s inside the dispenser.
Chamorro further in view teaches a cup holder being positioned proximate a bottom wall of a dispenser (see Fig. 1). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance, Nyblom and Chamorro to place a cup in optimal position for usage.
Claim(s) 5, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, and Chamorro and further in view of Hoi Wai Fu (US 8,651,321 – hereinafter Fu).
Re Claims 5, 6, and 8:
Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, and Chamorro discloses wherein: a base (18) has a bottom surface (16) and a top surface (18), said top surface having a curved portion (at 18) curving upwardly from said top surface, said curved portion having a distal edge (inner opening) being continuously arcuate about a center point of said base such that said distal edge defines an opening into said base, said opening insertably receiving a lower end of a pole (11) (see Salmon Fig. 2). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt and Salmon to allow for an attractive display for a consumer, but fails to teach said top surface has a battery well extending into an interior of said base; and said battery well has a plurality of contacts each being integrated into said battery well, each of said contacts being comprised of an electrically conductive material.
Fu further in view teaches a top surface has a battery well extending into an interior of said base (14); and said battery well has a plurality of contacts each being integrated into said battery well, each of said contacts being comprised of an electrically conductive material (see Fig. 3 and contacts on battery box – including see Light strip (36) and light emitters (34) inside transparent tube (18) from top to bottom) (see Figs. 1 and 3). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, and Chamorro with that of Fu to power a light strip as known within the art.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, and Fu, and further in view of Tuthill et al. (US 2024/0341277 – hereinafter Tuthill).
Re Claim 7:
Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, and Fu discloses the device of claim 5, but fails to teach a power switch being movably integrated into said base wherein said power switch is configured to be manipulated, said power switch being electrically coupled to said plurality of light emitters for turning said plurality of light emitters on and off, said power switch being positioned between said curved portion of said top surface of said base and a perimeter edge of said base, said power switch being positioned adjacent to said battery well.
Tuthill further in view teaches a power switch (203) being movably integrated into a base wherein said power switch is configured to be manipulated, said power switch being electrically coupled to said plurality of light emitters for turning said plurality of light emitters on and off (see Fig. 27) (see Figs. 1 and 3). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, and Fu with that of Tuthill to power a light strip as known within the art. Examiner notes the combination would be capable of providing said power switch being positioned between said curved portion of said top surface of said base and a perimeter edge of said base, said power switch being positioned adjacent to said battery well by using the switch location of Tuthill instead of the switch location of Fu as obvious to one of ordinary skill in the art without involving any additional inventive skill.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolen in view of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, Fu, Tuthill, and Theodore Schaeffer (4,962,491 – hereinafter Schaeffer).
Re Claim 9:
Bolen discloses a candy dispenser (10) having a plurality of compartments (19a-19c) each being integrated into said candy dispenser (10) wherein each of said compartments (19a-19c) is configured to contain candy, said candy dispenser (10) having a plurality of coin operated dispensing units (22a-22c) each being integrated into said candy dispenser (10), each of said coin operated dispensing units (22a-22c) being aligned with a respective one of said compartments (19a-19c) (see Figs. 1-3); each of said coin operated dispensing units (22a-22c) includes a chute (at 26a-26c) and a knob (25b) wherein each of said coin operated dispensing units (22a-22c) is configured to dispense a pre- determined amount of candy outwardly through said chute when a coin is inserted into said coin operated dispensing units (22a-22c) and said knob (25b) is rotated; said candy dispenser having a tray (28) extending beneath said chute of each of said coin operated dispensing units (22a-22c) wherein said tray (28) is configured to capture the candy dispensed from said chute; said candy dispenser has a bottom wall, a first lateral wall and a front wall, each of said coin operated dispensing units (22a-22c) being integrated into said front wall, said tray (28) being positioned on said front wall, a pole (12) being coupled to and extending downwardly from said candy dispenser (10), a base (14) engaging said pole (12) wherein said base (14) is configured to rest on a support surface (see Figs. 1-8) (see Figs. 1-8), but fails to teach said dispenser having a receiver extending downwardly from said bottom wall, said receiver having a distal end with respect to said bottom wall, said distal end being open, said receiver being centrally positioned on said bottom wall, a cup holder being coupled to said candy dispenser wherein said cup holder is configured to contain a plurality of cups each being removable for holding the candy that is dispensed from said candy dispenser, said cup holder having a lower wall and an outer wall extending upwardly from said lower wall, said outer wall having a distal edge with respect to said lower wall defining an opening into said cup holderof light emitters, each of said light emitters being positioned within said pole wherein each of said light emitters is configured to emit light outwardly through said pole when said light emitters are turned on, said light emitters being spaced apart from each other and being distributed between said upper end of said pole and said lower end of said pole, said plurality of light emitters being electrically coupled to each other, said plurality of light emitters being electrically coupled to said plurality of contacts in said battery well; a power switch being movably integrated into said base wherein said power switch is configured to be manipulated, said power switch being electrically coupled to said plurality of light emitters for turning said plurality of light emitters on and off, said power switch being positioned between said curved portion of said top surface of said base and a perimeter edge of said base, said power switch being positioned adjacent to said battery well; and a power supply being positioned in said base, said power supply comprising at least one battery being positioned in said battery recess, said at least one battery being in electrical communication with each of said contacts in said battery well.
Davitt teaches a cup holder (14) being coupled to a candy dispenser (10) wherein said cup holder (14) is configured to contain a plurality of cups (15) each being removable for holding the candy that is dispensed from said candy dispenser (10) (see Figs. 1-9). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, to allow for a sanitary and convenient way for holding candy to be dispensed.
Salmon teaches a plurality of light emitters (48) (on a pole of a merchandise device), a base (18) has a bottom surface (16) and a top surface (18), said top surface having a curved portion (at 18) curving upwardly from said top surface, said curved portion having a distal edge (inner opening) being continuously arcuate about a center point of said base such that said distal edge defines an opening into said base, said opening insertably receiving a lower end of a pole (11) (see Salmon Fig. 2). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt and Salmon to allow for an attractive display for a consumer.
Kunzer teaches a pole being comprised of a translucent (clear) material wherein said pole (104, 125, 154, 163), is configured to pass light through said pole, each of said light emitters (107) being positioned within said pole (104, 125, 154, 163) wherein each of said light emitters (107) is configured to emit light outwardly through said pole (104, 125, 154, 163) when said light emitters (107) are turned on (see Figs. 1-10). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, and Kunzer to protect the light display against outer damage.
Lachance further in view teaches a dispenser having a receiver (12) extending downwardly from a bottom wall, said receiver (12) having a distal end with respect to said bottom wall, said distal end being open, said receiver (12) being centrally positioned on said bottom wall (see Figs. 1-6), wherein a pole (6) has an upper end and a lower end, said upper end being coupled to said bottom wall of said candy dispenser, said distal end of said receiver (12) insertably receiving said upper end of said pole (6) (see Figs. 1-6). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer and Lachance to provide an alternative attachment means for two portions as known within the art.
Nyblom further in view teaches wherein a cup holder (10) has a lower wall (near 29) and an outer wall (1) extending upwardly from said lower wall (near 29), said outer wall (1) having a distal edge (near 2) with respect to said lower wall (near 29) defining an opening (6) (see Fig. 1) into said cup holder (10), said outer wall (1) having a slot (11) extending downwardly from said distal edge (near 2) toward said lower wall (near 29) and terminating spaced upwardly from said lower wall (near 29), said outer wall (1) being attached to a first lateral wall of (a wall/cooler) having said slot (11) being directed away from said first lateral wall (see col. 2 lines 7-12, see Figs. 1-6). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance and Nyblom to provide an alternative means for mounting a cup dispenser as known within the art, while also allowing for visually seeing what’s inside the dispenser.
Chamorro further in view teaches a cup holder being positioned proximate a bottom wall of a dispenser (see Fig. 1). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance, Nyblom, and Chamorro to place a cup in optimal position for usage.
Fu further in view teaches a top surface has a battery well extending into an interior of said base (14); and said battery well has a plurality of contacts each being integrated into said battery well, each of said contacts being comprised of an electrically conductive material (see Fig. 3 and contacts on battery box – including see Light strip (36) and light emitters (34) inside transparent tube (18) from top to bottom) (see Figs. 1 and 3). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, and Fu to power a light strip as known within the art. Examiner notes the combination would be capable of providing said light emitters being spaced apart from each other and being distributed between said upper end of said pole and said lower end of said pole, said plurality of light emitters being electrically coupled to each other, said plurality of light emitters being electrically coupled to said plurality of contacts in said battery well; and a power supply being positioned in said base, said power supply comprising at least one battery being positioned in said battery recess, said at least one battery being in electrical communication with each of said contacts in said battery well by way of corresponding part operating as predictable to one of ordinary skill in the art.
Tuthill further in view teaches a power switch (203) being movably integrated into a base wherein said power switch is configured to be manipulated, said power switch being electrically coupled to said plurality of light emitters for turning said plurality of light emitters on and off (see Fig. 27) (see Figs. 1 and 3). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, Fu, and Tuthill to power a light strip as known within the art. Examiner notes the combination would be capable of providing said power switch being positioned between said curved portion of said top surface of said base and a perimeter edge of said base, said power switch being positioned adjacent to said battery well by using the switch location of Tuthill instead of the switch location of Fu as obvious to one of ordinary skill in the art without involving any additional inventive skill.
Schaeffer teaches a battery cover (6) being removably attachable to a top surface of a (housing) such that said battery cover (6) closes a battery well (see Fig. 1). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bolen with that of Davitt, Salmon, Kunzer, Lachance, Nyblom, Chamorro, Fu, Tuthill, and Schaeffer to allow for easily replacing used batteries.
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 KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651