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 .
Information Disclosure Statement
The information disclosure statement filed 10/13/23 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The information in the “foreign patent documents” and the “non patent literature/other documents” sections are generally missing in the file and have not been considered except for the following documents.
Under the foreign patent documents sections, the following documents have been considered:
On p. 26,
JP2003169133
JP2003527701
JP4240927
Under the non patent literature/other documents sections, the following documents have been considered:
On p. 28,
Dalal, Pay Phones, Parking Meters, Vending Machines, and Optimal Bayesian Decisions on Collection Times, Journal of the American Statistical Association, February 2001, 28 pages.
On p. 29,
Ebay Listing, Amano Mcgann MSM Metric Elite LS Solar Electric Parking Lot Credit Pay Station, description dated 2022.
On p. 30,
Garra et al., A Privacy-Preserving Pay-by-Phone Parking System, IEEE, 2016, 11 pages.
On p. 31,
IPS Group, Vehicle Detection Sensors, Smart Sensors, Unparalleled Audit Management, http://ipsgroupinc.com/vehicle-detection-sensors/, May 4, 2023, 12 pages.
Nebraska Innovation Campus, Additional Way to Pay Metered Street Parking at NIC, dated April 4, 2023, 2 pages.
These are the only documents that could be found in the file. All other foreign and Non Patent Literature documents have not been considered.
Note that all US Patent Documents on pages 1-22 have been considered.
The information disclosure statement filed 1/12/24 has been considered in its entirety.
The information disclosure statement filed 4/25/25 has been considered except for three non-patent literature documents on p. 2 that have been struck because a legible copy has not been provided.
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 as follows.
“a first portion” in line 3 of Claim 1.
“a second portion” in line 4 of 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 § 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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacKay et al (US 2018/0225908 A1).
Regarding Claim 1, MacKay discloses
a single space parking meter (100, 300a, 300b), as illustrated in figures 1-3, comprising:
parking meter components, i.e., such as card reader (1934), coin chute (1936), and contactless payment card reader and antenna (1938), as mentioned in paragraph 172 and as illustrated in figure 24, as well as the meter mechanism as mentioned at paragraph 145, for example, providing metering functionality for a parking space, as mentioned at paragraph 7, for example; and
a housing, i.e., front cover (102) and rear cover (104), bottom plate (306), saddle plate (106) and coin vault housing (108), for example, as mentioned at paragraphs 138 and 145, comprising a first portion, (102) secured to a mounting structure, i.e., saddle plate (106), coin vault housing (108) and lower protrusion (112), as illustrated in figure 4, located in the vicinity of the parking space, and a second portion, i.e, front (104), having one or more of the
parking meter components (1934, 1936, 1938), coupled to an interior side of the second portion (104) of the housing (102, 104, 106, 108, 306), the second portion (104) at least partially separable from the first portion (102) of the
housing (102, 104, 106, 108, 306), wherein:
in a secured orientation of the housing (102, 104, 106, 108, 306), the first portion (102) and the second portion (104) of the housing (102, 104, 106, 108, 306) are mounted to the mounting structure (106, 108, 112) and provide protection
to the parking meter components (1934, 1936, 1938) from an external environment, as mentioned in paragraph 67; and
in a maintenance orientation of the housing (102, 104, 106, 108, 306), as mentioned at paragraphs 134, 146, 160, 176 and 180, the second portion (104) of the housing (102, 104, 106, 108, 306) is mounted to the first portion (102) of the housing (102, 104, 106, 108, 306) to provide access to the parking
meter components (1934, 1936, 1938) to facilitate performing maintenance on one or more of the parking meter components (1934, 1936, 1938), as mentioned at paragraphs 134, 146, 160, 176 and 180.
Regarding Claim 2, MacKay discloses
wherein the second portion (104, 1918, 1926), as illustrated in figures 19-23 of the housing comprises at least one bracket, i.e., internal structure (1928), as illustrated in figure 23, extending from a bottom of the second portion (104, 1918, 1926) of the housing that engages with a cooperating bracket feature of the first portion (102, 1989, 1929, 1924), as illustrated in figures 19-23 and as illustrated in figure 31, of the housing. See paragraphs 146, 163, 171 and 176, which states as follows.
[0146] The front assembly 302 may be locked to the rear assembly 304 using a locking mechanism, which may be operated via a keyhole 202 in the rear cover 102 as depicted in FIG. 2. The locking mechanism may be affixed to the rear cover and engage with and secure the front cover in the locked position, or alternatively the locking mechanism may be affixed to the front cover and engage with and secure the rear cover when in the locked position. The front assembly 302 may be removed and replaced as a complete assembly, for example, by fully raising or lifting the front assembly vertically until its bottom end clears the rails of the rear assembly. Partially or fully raising the front assembly 302 from the rear assembly 304 may be done to, for example, inspect components or perform routine maintenance such as replacing batteries or clearing card reader or coin chute blockages. The rails may provide a spring-catch assembly (not shown) that allows the front assembly 302 to be lifted and held at any one of multiple partially raised positions which allows hands free service work and testing of the meter to be carried out while in the partially raised or lifted position. Releasing the spring-catch would release the front assembly 302 allowing it to freely slide up or down on the rails or profiles. Alternatively, the front assembly 302 may be raised to a first position such that the rail guides of the front assembly 302 may be released from the rails of the rear assembly 304 at this first position, while the bottom of the front assembly 302 remains engaged with the rear assembly. Under this alternative configuration, there would also be a hinge, such as a telescoping or folded metal rod, located at a release point. For example, the hinge may be fixed at or near the top of the front assembly at one of its ends (such as at or near the top of the rail guides) and at the other end fixed at or near the top of the rear assembly (such as at or near the top of the rails). Releasing, separating or detaching the front assembly from the rear assembly at the release point allows the hinge to unfold or extend to a stopping point and the front assembly to tilt forward to a non-vertical or horizontal position. The bottom of the front assembly that remains engaged with the bottom of the rear assembly is pivotably configured at such bottom location so as to allow the front assembly to rotate forward from its vertical position to the more horizontal position. Such pivotable configuration may require that the rail guides at the bottom of the front assembly be partially releasable or hinge-able relative to the bottom of the rails and/or bottom of the rear assembly in order to allow for the rotation of the front assembly. Such rotation, which involves pivoting or hinging about an axis at the bottom location, thus allows for the back side or internally-facing components of the front assembly to be exposed for service work. The ability to raise the front assembly in this regard is advantageous for more openly exposing some or all of the internal parking meter components as compared with traditional single space parking meters. This may make repair, servicing and/or replacement of such components easier and/or quicker. With respect to the coin chute, a mirror (not shown) may be positioned just above a coin inspection slot or opening for the purpose of facilitating or making easier the inspection of the coin chute for blockages. Alternatively, payment devices may have quick release knobs allowing them to be disengaged from a normally fixed/rigid position on the front cover, such that they can be quickly and easily inspected, serviced and/or removed without the use of tools.
[0163] FIG. 15 depicts a locking mechanism. FIG. 16 depicts components of the locking mechanism of FIG. 15. The locking mechanism 1022 may be secured to the front cover 104 and used to secure the front assembly 302 to the rear assembly 304, and also to prevent rotation of the rear assembly 304, and in particular to prevent rotation of the bottom plate 306, relative to the saddle plate 106. Alternatively, the locking mechanism 1022 may be secured to the rear cover 102 and used to secure the front assembly 304 to the rear assembly 302, and also to prevent rotation of the rear assembly 302. In particular, the locking mechanism 1022 in this regard may prevent rotation of the bottom plate 306 relative to the saddle plate 106. As depicted, the locking mechanism 1022 comprises a lower lock plate 1506 that is secured to the front cover 104. The lower lock plate 1506 includes openings 1518a, 1518b through which the elevated overhangs 816a, 816b of the bottom plate 306 may be received. The lower lock plate 1506 comprises an upwardly turned portion 1508 that provides a mounting location for other locking mechanism components, including a cylinder lock 1502. The cylinder lock has a rotating barrel that rotates when an appropriate key is turned. The rotating barrel is attached to an actuating cam plate 1504 that rotates and extends or retracts locking arms 1514a, 1514b attached to the cam plate. It is noted that the connection between the rotating cam plate 1504 and the locking arms 1514a, 1514b is not depicted in FIG. 15 for simplicity. A capture plate 1510 may be secured to the upturned section 1508 of the lower lock plate 1506. The capture plate 1510 may have bent sections 1512 on either end of the capture plate 1510. When attached to the lock plate 1506, the capture plate 1510, and in particular the bent sections 1512, provide a guide channel through which the lock arms 1514a, 1514b may pass. The guide channels allow the locking arms 1514a, 1514b to move inwards and outwards when the lock is turned. In FIG. 15, the locking arms 1514a, 1514b are depicted in the locked position. In the locked position, horizontal surfaces of the locking arms 1514a, 1514b, which are parallel to the lower lock plate 1506, are located under lower surfaces of the elevated overhangs 816a, 816b and adjacent to openings 1518a, 1518b, respectively. With the locking arms 1514a, 1514b retained or secured under the elevated overhangs 816a, 816b of the bottom plate 306 of the rear assembly 304, the locking mechanism 1022, and the attached front assembly 302 become rigidly coupled to the rear assembly 304. As a result, vertical separation of the front assembly 302 from the rear assembly 304 is prevented. In addition to vertically securing the front assembly to the rear assembly, the locking mechanism 1022 also prevents rotation of the bottom plate 306 relative to the saddle plate 106, as openings 1516a, 1516b engage the large diameter heads 420 of the bolts 402, which are stationary relative to the locking mechanism 1022 of the front assembly 302 when fully inserted into and engaged with the rear assembly 304. In the unlocked position, the horizontal surfaces of the locking arms 1514a, 1514b as described above are retracted out from under the elevated overhangs 816a, 816b, and as such the front assembly 302 may be slid vertically upward on or along the rear assembly 304, and in such situation the rear assembly 304 including bottom plate 306 may be rotated, thus permitting rotation of the full parking meter assembly 101. Having the ability to vertically slid the front assembly 302 alone in an upward direction when in the unlocked position is advantageous, as it allows, for example, maintenance personnel access to the electronic and other components of the front assembly 302 in the event that repair or replacement is required, or inspection of components (such as coin or card payment components) is desirable.
[0171] FIG. 20 depicts a rear isometric view of the single space parking meter of FIG. 19 with the parking meter mechanism partially raised. As depicted, a rear assembly 1920 can be secured to the coin vault 108 and saddle plate 1922. The rear assembly 1920 may comprises a bottom plate 1924 that can be secured to bolts securing the saddle plate 1922 to the coin vault housing 108 using a twisting motion to capture the bolts within narrowing openings in the bottom plate. A rear cover 1989 may be secured to the bottom plate 1924 using any number of fastening techniques such as welding, screws, bolts, etc. Although not visible in FIG. 20, the rear assembly also includes a locking assembly that comprises a locking component that prevents rotation of the rear assembly 1920 relative to the bolts securing the saddle plate 1924 to the coin vault housing 108. As described above, bolt heads of the bolts cannot be withdrawn through the narrowed portion of the openings in the bottom plate, and, as such, when rotation of the rear assembly is prevented, removal of the rear assembly from the saddle plate and coin vault housing is also prevented. The locking assembly further comprises a locking component for preventing vertical movement of a front assembly 1926 relative to the rear assembly 1920 when engaged with the front assembly in a lowered position. When the vertical locking component is disengaged, the front assembly 1926 may be slid up and/or down the rear assembly 1920. The front assembly 1926 may be partially slid up the rear assembly 1920 to a service position as depicted in FIG. 20 that allows for inspection and servicing of internal parking meter components. Although described as sliding vertically to a service position, it is possible for other movements to be provided. For example, it is possible for the front assembly 1926 to slide vertically and then rotate or hinge so as to place the front assembly in an angled or at least partially horizontal position to facilitate servicing and inspections. The front assembly 1926 may be completely removed from the rear assembly 1920 for replacement or other purposes.
[0176] FIG. 24 depicts a top perspective view of removable components of the parking meter of FIG. 19. As described above, the internal structure 1928 (not shown in FIG. 24) and the front cover 1918 may provide mounting features to allow the payment components, such as coin chute 1936, card reader 1934 and contactless payment reader 1938 to be releasably secured within the parking meter. As an example, the payment components may be secured to the front cover 1918 and internal structure 1928 using thumbscrews 1960. The thumbscrews 1960 allow the components to be easily disengaged from the meter housing or covering for inspection, service, or removal from the meter housing or covering if necessary. The thumbscrews 1960 may be inserted through a capturing component on the internal structure and turned an amount, such as a quarter turn, in order to secure the connection. For example, during routine maintenance on the street, a coin chute 1936 may be quickly replaced with another coin chute by unscrewing the thumbscrew or thumbscrews and removing the coin chute 1936. Additionally or alternatively, unscrewing the thumbscrew may allow the payment component to be moved to a partially attached position which allows the payment component to be easily inspected while not being fully separated from the parking meter. For example, the payment components may be pivotally connected to the parking meter's front cover. Unscrewing the thumbscrew may allow the payment component to become partially disengaged from the meter housing or covering and swing outwards into a disengagement position. Such a disengagement position may provide improved visibility for inspection and improved access for service without actual removal of the payment component from the parking meter. Once inspection or service has been completed, the payment component may be swung or rotated back to a fully engaged position and the thumbscrew re-attached to secure the payment device in the fully engaged position. If upon inspection or servicing it is determined that the payment component should be replaced, it can be removed from the disengagement position and a replacement component secured to the parking meter.
Emphasis provided.
Regarding Claim 3, MacKay discloses
wherein the second portion (104, 1918, 1926) of the housing
comprises a pair of brackets, i.e. channels (1958), as illustrated in figure 31, locking arms (1514a, 1514b) as illustrated in figure 15, that slidably engage with corresponding bracket features, i.e.., rails (1990, 1992) of the first portion of the housing to hold the second portion (102, 1989, 1929, 1924) of the housing in a substantially horizontal orientation, as mentioned at paragraphs 146, 163, 171 and 176, for example.
Regarding Claim 4, MacKay discloses
wherein the pair of brackets, i.e., such as locking arms (1514a, 1514b), as illustrated in figure 15, are received within corresponding recesses in the parking meter in the secured orientation, as mentioned at paragraph 163, for example.
Regarding Claim 5, MacKay discloses wherein the corresponding recesses are at least partially within the mounting structure of the parking meter, noting that there are numerous recesses in the internal structure of both the first (102, 1989, 1929, 1924) and second portions (104, 1918, 1926), as illustrated in figures 3-16 and 20-34.
Regarding Claim 6, MacKay discloses, wherein the bracket of the second portion
of the housing is one of:
a separate component that is secured to the second portion (104, 1918, 1926) of the housing, as mentioned in paragraph 14, i.e., “[i]n accordance with a further embodiment of the parking meter, the one or more rail guides of the front assembly are formed as separate components and attached to the edges of the front cover of the front assembly”, paragraph 138, 3rd from the last sentence, i.e., “[t]he separate locking components may be operated or actuated individually”, 145, i.e., 3rd from the last sentence, i.e., “[t]he rail guides of the front assembly 302 may be formed as part of the front cover 104, or may be provided as separate components that may be attached to the front cover 104”, paragraph 149, 8th and 9th sentences, i.e., “[a]lthough described above as two separate securing mechanisms, the two securing mechanisms may be inter-related” and “[f]or example, as depicted in FIG. 4, the saddle plate 106 may be secured to the coin vault housing 108 using a plurality of bolts 402”, paragraph 159, 3rd and 4th sentences, i.e., “[t]he rail guides 1004 of the front assembly 302 may be formed as part of the front cover 104, or may be provided as separate components that may be attached to the front cover 104” and “[i]f provided as separate components, the rail guides 1004 may be formed from metal and secured to the front cover by screws or bolts”; and
formed as an integral component of the second portion (104, 1918, 1926) of the housing, as mentioned at paragraph 168, 3rd sentence from the bottom, i.e., “[a]lternatively, the bottom plate and the rear cover, or other portions of a protective outer covering of the parking meter assembly, may be integrally formed as a single component”.
Regarding Claim 7, MacKay discloses wherein the accessible parking meter
components are arranged substantially horizontally when the housing is in the maintenance orientation, as mentioned at paragraphs 146, 163, 171 and 176.
Regarding Claim 8, MacKay discloses wherein the housing can be placed in a
second maintenance position with the accessible parking meter components arranged substantially vertically, as mentioned at paragraphs 146, 163, 171 and 176, noting in particular the second and third sentences from the bottom of paragraph 171, i.e., “[a]lthough described as sliding vertically to a service position, it is possible for other movements to be provided” and “[f]or example, it is possible for the front assembly 1926 to slide vertically and then rotate or hinge so as to place the front assembly in an angled or at least partially horizontal position to facilitate servicing and inspections”, and noting paragraph 143 mentions moving the solar panel to any one of two or more vertical slopes or angles relative to the horizon, for example.
Regarding Claim 9, MacKay discloses wherein the first portion of the housing is secured to the mounting structure in both the secured orientation and the maintenance orientation, and as mentioned at paragraphs 146, 163, 171 and 176.
Regarding Claim 10, MacKay discloses wherein the second portion of the housing is locked to the first portion of the housing in the secured orientation, as mentioned at paragraphs 146, 163, 171 and 176.
Regarding Claim 11, MacKay discloses, wherein a keyed lock is accessible through the first portion of the housing, as mentioned at paragraphs 146, 163, 171 and 176, for example.
Regarding Claim 12, see the rejection of Claims 1-11, above.
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.
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.
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, Anita Y Coupe can be reached at 571-270-3614. 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.
/JEFFREY A SHAPIRO/Primary Examiner, Art Unit 3619
March 9, 2026