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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations
“Interface unit featuring a male lamp attachment for connecting to the original equipment and female lamp attachment for the heat source bulb; plus circuitry (j)” in claim 1;
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because the reference lines and numerals are faint, so that structures are being identified in drawings are unclear. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
the limitation “Heat lamp unit (a),
Sensor (b),
Power switch (c),
Reflector body (d),
Bulb (heat source) (e),
Bulb power contact (f),
Circuit enclosure (g),
AC power cable (h),
Connection bar (i),
Interface unit featuring a male lamp attachment for connecting to the original equipment and female lamp attachment for the heat source bulb; plus circuitry (j),
Mechanism to attach the sensor to pendant body, in this example mechanically with a screw clamp but could be alternative, such as magnetic (k),
Top of gantry (l),
Food carrier (m),
Level of sensor (n),
Distance to empty surface (o),
Reduced distance to food or food carrier (p),
Increased distance when food/carrier removed (q),
Bottom of the gantry (r),
A dotted line showing the view area captured by the image sensor(s) and
Distinct shape on pass being sought by computer vision software (t)” in claim 1 should read
“a heat lamp unit (a),
a sensor (b),
a power switch (c),
a reflector body (d),
a bulb (heat source) (e),
a bulb power contact (f),
a circuit enclosure (g),
an AC power cable (h),
a connection bar (i),
an interface unit comprising a male lamp attachment for connecting to the original equipment, a female lamp attachment for the heat source bulb, and a circuitry (j),
a mechanism to attach the sensor to pendant body, in this example mechanically with a screw clamp but could be alternative, such as magnetic (k),
top of gantry (l),
food carrier (m),
level of sensor (n),
distance to empty surface (o),
reduced distance to food or food carrier (p),
increased distance when food/carrier removed (q),
bottom of the gantry (r),
a dotted line showing the view area captured by the image sensor(s) and
distinct shape on pass being sought by computer vision software (t)”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a male lamp attachment for connecting to the original equipment” in claim 1;
“female lamp attachment for the heat source bulb” in claim 1
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-7 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.
Claims 1-7 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Claim limitation “a male lamp attachment for connecting to the original equipment” in claim 1 and “female lamp attachment for the heat source bulb” in claim 1 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 1, the limitation in claim 1 is indefinite.
1)The limitations "the original equipment" and “the heat source bulb” are insufficient antecedent basis for this limitation in the claim.
2) It is unclear what the original equipment is and whether the original equipment is a part of the invention.
3) The limitations “Mechanism to attach the sensor to pendant body” is indefinite. It is unclear what the pendant body is and whether the pendant body is a part of the invention.
4) The phrases "example" and “Such as” render the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
5) The phrase “Level of sensor (n)” is indefinite. The meaning of this phrase is unclear. What kind of the level of a parameter of a sensor?
6) The phrase “Distance to empty surface (o)” is indefinite. What is the distance to empty surface from? Where is the empty surface? It is unclear what the empty surface is and whether the empty surface is a part of the invention.
7) The phrase “Reduced distance to food or food carrier (p)” is indefinite. What is the distance to food or food carrier from? The term “Reduced distance” is a relative term which renders the claim indefinite. The term “Reduced distance” 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.
8) The phrase “Increased distance when food/carrier removed (q)” is indefinite. What is the distance to food or food carrier from? The term “Increased distance” is a relative term which renders the claim indefinite. The term “Increased distance” 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.
9) The phrase “Distinct shape on pass being sought by computer vision software (t)” is indefinite. It is unclear what the shape is belong to, and whether the computer vison software is a part of the invention.
For the purpose of examination, the limitations "the original equipment" and “the heat source bulb” are interpreted to be "an original equipment" and “a heat source bulb”. The limitation followed the phrases "example" and “Such as” are considered optional and not necessary required in the claimed invention.
Regarding claim 2, the limitation is unclear, because the claim only has a preamble and no body to disclose any subject matters to limit the claim.
Regarding claims 3-17, the claims are rejected due to their dependency on an indefinite claim as shown above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claims 3-17, the limitation in claims does not relate to the claimed invention of claim 2. Therefore claims 3-17 does not further limit claim 2.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hundley (US 2021/0038018).
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Regarding claim 1, Hundley teaches a food warming apparatus with sensors to detect the presence of food comprising of:
Heat lamp unit (a) (heat strip modules 50),
Sensor (b) (temperature sensor 120),
Power switch (c) (switch 302),
Reflector body (d) (reflector 110),
Bulb (heat source) (e) (heating element 100),
Bulb power contact (f) (arms 624),
Circuit enclosure (g) (mounting blocks 604),
AC power cable (h) (cable; see para.[0042]),
Connection bar (i) (counter 24),
Interface unit featuring a male lamp attachment (shoulder 222) for connecting to the original equipment and female lamp attachment (track 52) for the heat source bulb (heating element 100); plus circuitry (j) (See para.[0053] “he post 220 may define one or more passages, through which an electrical connection (e.g., wires) can pass to connect the heating element 100 to the controller 70.”),
Mechanism (connection between the temperature sensor 120 and heat strip Module 50) to attach the sensor (temperature sensor 120) to pendant body, in this example mechanically with a screw clamp but could be alternative, such as magnetic (k) [Examiner note: The limitation followed the phrases "example" and “Such as” are considered optional and not necessary required in the claimed invention.],
Top of gantry (l) (top of track 52),
Food carrier (m) (food product receptacles 30),
Level of sensor (n) (the level of temperature of temperature sensor 120),
Distance to empty surface (o) [Examiner note: The empty surface is not positively recited in the claim and therefore it is not a part of the claimed invention.],
Reduced distance to food or food carrier (p) (any distance to food or food carrier),
Increased distance when food/carrier removed (q) (any distance to food or food carrier),
Bottom of the gantry (r) (top of track 52),
A dotted line showing the view area captured by the image sensor(s) [Examiner note: The dotted line is appeared to the imagery line of operator.] and
Distinct shape on pass being sought by computer vision software (t) [Examiner note: The computer vision software is not positively recited in the claim and therefore it is not a part of the claimed invention.].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRIS Q LIU/ Primary Examiner, Art Unit 3761