Final Rejection
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 1-5,7,9,11,13,18,19,23,30,31,33,36,38,39 and 41 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.
Claim 1 recites the limitations “which require storage conditions that satisfy requirements of a hazardous environment,” in line 3. It is unclear as to what specific storage conditions are required to meet the requirements of a hazardous environment, since there exist many different conditions that satisfy requirements of a hazardous environment. The limitations are narrative and indefinite for failing to particularly point out and distinctly claim the subject matter of the inventor. Similar issue in claims 30 and 41. Appropriate clarification is required. Applicant should specifically recite as to what specific requirements are included to satisfy the requirements of a hazardous environment out of an infinite variations that may be present.
Claim 2 recites the limitations “the electromechanical lock in the dispensing machine are suitable for use in a hazardous environment” in line 2-3. It is unclear as to what structure or elements make the electromechanical lock suitable for use in a hazardous environment. Currently, there exist many different structures that may be suitable for use in a hazardous environment. The limitations are narrative and indefinite for failing to particularly point out and distinctly claim the subject matter of the inventor. Appropriate clarification is required.
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.
Claims 1,2,4,5 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Adams (US 20120241464) in view of Naaman (WO 2018/154526 A1) and further in view of Kranyec (US 8,509,944).
Referring to claims 1 and 41. Adams discloses a dispensing machine (30; Figure 1) and a method comprising:
a main frame (as shown in Figure 2) with a bottom wall (44), top wall (32) and side walls 33,34,36 and 40) defining an enclosure for storage (interior of 2) and dispensing of containers of flammable or hazardous substance product (Lp gas tanks; Para. [0028]) which require storage conditions that satisfy requirements of a hazardous environment (stored in a protected housing);
a carousel (53; Figure 3) rotatably mounted atop said bottom wall (44) about a vertical axis of rotation (though central axis of 80; Figure 4),
said carousel (53; Figure 3) having a plurality of separate compartments (57-64) located around said axis for receiving a container in a compartment (Lp gas tanks; Para. [0028]);
a door (37; Figure 1) hingedly mounted to said main frame (see Figure 1) and movable to and from an open position allowing access to said compartment (door open position) and a closed position limiting access to said compartment (door closed position);
a driver (102; Figure 5) mounted on said main frame and engaged with said carousel (53) for drivingly rotating said carousel about said axis (axis through 80),
and positioning the compartment behind the door (The mechanism for rotating the carousel is a pneumatic or gas cylinder having a piston rod attached to a spring loaded finger 90 (FIG. 4) projecting through a curved slot 91 formed in the bottom wall 44 of the main frame. The length of slot 91 between its opposite ends 92 and 93 corresponds to rotating the carousel 1/8 of a turn or 45 degrees about the vertical axis of rotation for the carousel. Thus, the eight compartments for each level of the carousel are sequentially aligned with the compartments behind doors 37-39; Para. 0038]),
said driver (102; Figure 5) comprising a motor (pneumatic or gas cylinder 102) configured to rotate said carousel (53; Figure 3) about said axis (through 80) in a clockwise (clockwise direction); and
an electromechanical lock (pneumatic or gas cylinder 111) releasably engageable with said carousel (53; Figure 3), wherein said electromechanical lock (pneumatic or gas cylinder 111) is configured to move to a first position which prevents movement of said carousel (position in which recess 121 engages member 123), wherein in the first position one of the plurality of separate compartments is radially aligned with the door for dispensing or receiving the container (compartments aligned with doors 37-39); wherein said electromechanical lock (pneumatic or gas cylinder 111) is configured to move to a second position (position in which recess 121 disengages member 123) to allow the carousel (53; Figure 3) to rotate about said axis,
wherein the electromechanical lock (pneumatic or gas cylinder 111) is configured to move to the first position (position in which recess 121 engages member 123) in an operating mode (Solenoid 205 is associated with the locking cylinder 111 is connected to the microprocessor to limit rotation of the carousel; Para. [0049]) comprising at least one of:
when electrical power to the electromechanical locking mechanism (pneumatic or gas cylinder 111) is stopped (power is stopped when movement of member 111 stops), and when the door is open (power is stopped when movement of member 111 stops moving out of the locking position), and wherein the electromechanical lock (pneumatic or gas cylinder 111) is configured to move to the second position (position in which recess 121 disengages member 123) when electrical power is provided to the electromechanical lock (power is provided and member 111 moves to an unlocked position) and when a controller sends data to the driver to rotate said carousel (Solenoid 205 is associated with the locking cylinder 111 is connected to the microprocessor to limit rotation of the carousel).
Adams does not disclose wherein the driver comprises a motor which rotates the carousel bidirectionally.
Naaman discloses a cabinet (Figure 1) for storing items comprising a rotatable carousel (54; Figure 2A) wherein the driver is a motor (56) and rotates the carousel bidirectionally (causing the carousel to rotate clockwise or counterclockwise).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Adams to include wherein the driver is a motor and rotates the carousel bidirectionally as taught by Naaman because rotating the carousel bidirectionally would allow the carousel to move to the opposite compartment faster as opposed to having to complete a full rotation.
Adams in view Naaman does not disclose wherein the lock is an electromechanical lock.
Kranyec discloses a vending machine (10; Figure 1) comprising a carousel (14) wherein a lock is an electromechanical lock (32; Release brake pin 68 from carousel via solenoid (computer signals solenoid) 18; Col. 7 line 8).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Adams in view Naaman to include the lock as an electromechanical lock as taught by Kranyec because and the number of movable parts for the lock would be reduced thus reducing potential failures.
Referring to claim 2 . Naaman discloses a cabinet (Figure 1) for storing items comprising a rotatable carousel (54; Figure 2A) wherein the driver is a motor (56) coupled with a mechanical power transmission system (56) wherein the driver (56) and the electromechanical lock (Kranyec) in the dispensing machine are suitable for use in a hazardous environment (cited elements can be installed in a dispensing machine).
Referring to claim 4. Naaman discloses a cabinet (Figure 1) for storing items comprising a rotatable carousel (54; Figure 2A) wherein the driver (56) comprises a gear set (gear on top of motor 56 shaft and 56; Figure 3b), wherein said gear set (gear on top of motor 56 shaft and 56; Figure 3b) comprises a driving gear rotatably coupled with the motor (56), wherein said driving gear (gear on top of motor 56 shaft) links the motor (56) to a driven gear (59) to rotate said carousel bidirectionally (causing the carousel to rotate clockwise or counterclockwise) about said axis, wherein said motor (56) includes an encoder (57; Figure 9) for generating rotational position feedback for said carousel (controlling the position of the carousel 52).
Referring to claim 5. Naaman discloses a cabinet (Figure 1) for storing items comprising a rotatable carousel (54; Figure 2A) wherein the mechanical power transmission system (including members 56,56,58 and gear on top of motor 56 shaft) comprises at least one of (the claim recites the limitations at least one of followed by a series of systems that can be selected thus, the claim is satisfied by the selection of only one of the systems of the list):
a gear system (including members 56,56,58 and gear on top of motor 56 shaft; Figure 3b; Naaman);
(limitations not considered) a belt and pulley system; a worm gear system; a sprocket and chain system; or a direct drive system.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Adams (US 20120241464) in view of Naaman (WO 2018/154526 A1) in view of Kranyec (US 8,509,944) and further in view of Staev (US 2019/0122479 A1).
Referring to claim 3. Adams in view of Naaman and Kranyec do not disclose wherein the driver and the electromechanical lock in the dispensing machine are at least one of low power, non-sparking, and incapable of releasing sufficient electrical or thermal energy under normal or abnormal conditions to cause ignition of a specific hazardous mixture.
Staev discloses a vending machine (20; Figure 1) wherein the driver and all electrical components in the dispensing machine are low power, non-sparking, or incapable of releasing sufficient electrical or thermal energy under normal or abnormal conditions to cause ignition of a specific hazardous mixture.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Adams in view of Naaman and Kranyec to include wherein the driver and all electrical components in the dispensing machine as being low power, non-sparking, or incapable of releasing sufficient electrical or thermal energy under normal or abnormal conditions to cause ignition of a specific hazardous mixture as taught by Staev because the chance of causing an explosion by the electrical sparks can be reduced.
Claims 7,9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Adams (US 20120241464) in view of Naaman (WO 2018/154526 A1) in view of Kranyec (US 8,509,944) and further in view of Breimesser (WO 2007/134558 A1).
Referring to claim 7. Adams in view of Naaman and Kranyec do not disclose wherein
the driver further comprises:
an electromechanical brake; and
the motor holding torque to retain the carousel,
wherein said at least one of the electromechanical brake and the motor are configured to control rotational acceleration and deceleration of said carousel.
Breimesser discloses a electrical drive unit (Figure 3) wherein the driver (1) further comprises:
an electromechanical brake (2); and
the motor holding torque (unit 7 applies a holding torque for the motor 1) to retain the carousel,
wherein said at least one of the electromechanical brake (2) and the motor (1) are configured to control rotational acceleration and deceleration of said carousel (control the rotation of the motor shaft).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Adams in view of Naaman and Kranyec to include an electromechanical brake; and
the motor holding torque to retain the carousel,
wherein said at least one of the electromechanical brake and the motor are configured to control rotational acceleration and deceleration of said carousel as taught by Breimesser because the operation of the motor can be made more efficient.
Referring to claim 9. Adams discloses a dispensing machine (30; Figure 1) comprising:
wherein said carousel (53; Figure 3) has a plurality of intermediate walls (67) extending radially outward from said axis (center of 80; Figure 4) separating said compartments apart (see Figure 3).
Referring to claim 11. Adams discloses a dispensing machine (30; Figure 1) comprising:
wherein said carousel frame (frame of 53; Figure 3) includes a projection (115) located in each compartment limiting insertion of said item in a compartment (57-64) to an upright position (Thus, a centering bracket 115 (FIG. 3) is fixedly mounted to one of the side walls forming each compartment so that the distance between side walls is reduced. The size of the centering bracket 115 is selected to prevent an LP tank from being inserted upside down and requiring the tank to be inserted right side up with the reduced top valve end located at the top of the compartment; Para. [0044]).
Claims 13,18,19,23,30,31,33,36,38 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Adams (US 20120241464) in view of Naaman (WO 2018/154526 A1) in view of Kranyec (US 8,509,944) in view of Breimesser (WO 2007/134558 A1) and in view of Rose (US 2014/0312051 A1).
Referring to claims 13 and 18. Adams in view of Naaman and Kranyec do not disclose comprising a level sensor for detecting an amount of gas or liquid in a container.
Rose discloses a bottle vending apparatus (10; Figure 1) comprising a level sensor for detecting an amount of gas or liquid in a container (Sensors 130 and 132 detect the presence of filled bottles and empty bottles, respectively; Para [0170]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Adams in view of Naaman and Kranyec to include comprising a level sensor for detecting an amount of gas or liquid in a container as taught by Rose because improved inventory management can be performed on the type of containers housed within the dispenser.
Referring to claim 19. Rose discloses a bottle vending apparatus (10; Figure 1)
comprising a sensor or scanner for detecting a presence and location of any container inserted onto the carousel (The apparatus software is further configured to allow manual input of inventory when loading the full bottles thereby creating an "Input" and "Output Sales" Inventory control. A "return bottle" well/window can, if need be, incorporate a vendor controlled reader for RFID or bar codes secured to the bottles and incorporating a Unique Identification Number (UID) acceptable only to that bottler's product bottles for the amount paid when first purchased; Para. [0018]).
Referring to claim 23. Rose discloses a bottle vending apparatus (10; Figure 1)
comprising a processor (Processor-controlled; Abstract) and a memory storing instructions (see instruction in Figure 68A-69E) which when executed configure the dispensing machine (10) to:
determine that a container is in a proper position based on the scan of the container; and determine at least one of:
that a container is not in a proper position based on a scan of a flag attached to the container (The apparatus software is further configured to allow manual input of inventory when loading the full bottles thereby creating an "Input" and "Output Sales" Inventory control. A "return bottle" well/window can, if need be, incorporate a vendor controlled reader for RFID or bar codes secured to the bottles and incorporating a Unique Identification Number (UID) acceptable only to that bottler's product bottles for the amount paid when first purchased; Para. [0018]);
(limitations not considered since only at least one of the following list is required to satisfy the claim)
that a container is expired based on a scan of a flag attached to the container;
at least one of:
accept the container (Unique Identification Number (UID) acceptable only to that bottler's product bottles for the amount paid when first purchased Para. [0018]);
(limitations not considered since only at least one of the following list is required to satisfy the claim)
send or display a message confirming acceptance of the container;
reject the container; and
send or display a message rejecting the container.
Referring to claim 30. Rose discloses a method of vending flammable or hazardous substance product (gas bottles; Figure 1) which require storage conditions that satisfy requirements of a hazardous environment (storing articles within dispenser 10), the method comprising:
receiving a hydrocarbon reading from a hydrocarbon sensor in the dispensing machine; and at least one of:
(all limitations not considered since the claim uses the limitation “or” indicating only one of the following of the list is required to satisfy the claim)
when the level of hydrocarbons is below a threshold:
confirming that the dispensing machine is safe to vend; or
sending or displaying a message to continue operation (The apparatus also includes an optional video screen configured to display vendor-specific and/or third-party advertisements on the vending apparatus as well as a voice instruction system operating from the instructions from the processor. The video screen can display pre-recorded messages stored on a resident or remote server, or may display live feeds from a remote source; Para [0171]);
when the level of hydrocarbons is above the threshold:
confirming that the dispensing machine is unsafe to vend;
sending or displaying a warning message;
shutting down or transitioning the dispensing machine to a safe mode; or
stopping any current operation of the dispensing machine (An actuator motor 135 is secured to elevator lead screw 133. Double plate slide assemblies 134 secure the elevators to lead screw 133. Operation of motor 135 turns lead screw 133 to cause elevator translation along the lead screw. Sensors 130 and 132 detect the presence of filled bottles and empty bottles, respectively. A sensor commonly known as a sniffer sensor, e.g., a VOC (volatile organic compound) gas detector, may also be incorporated into the top elevator to sense the presence of volatiles or other unwanted substances on return bottles. The VOC gas detector by Spectrex (Redwood City, Calif.) is an example of a suitable sniffer sensor. The system prompts the customer to remove the bottle from the top elevator if an unwanted substance is detected; Para. [0170]);
when electrical power is stopped to the electromechanical brake, moving the electromechanical brake to the first position (see electromechanical brake operation in Breimesser); and
when electrical power is provided to the electromechanical brake, moving the electromechanical brake to the second position (see electromechanical brake operation in Breimesser).
Referring to claims 31, 38 and 39. Rose discloses a method of vending product (bottles; Figure 1) which require storage conditions that satisfy requirements of a hazardous environment (storing articles within dispenser 10), the method comprising:
when the level of hydrocarbons is below the threshold 9 VOC (volatile organic compound) gas detector, may also be incorporated into the top elevator to sense the presence of volatiles or other unwanted substances on return bottles. The VOC gas detector by Spectrex (Redwood City, Calif.) is an example of a suitable sniffer sensor. The system prompts the customer to remove the bottle from the top elevator if an unwanted substance is detected; Para. [0170]):
processing a financial transaction (the vending machine operates in normal status when the sensor for VOC’s do not detect VOC’s over a permissible level);
determining an available full container to vend (container stored within the dispenser);
signalling a door associated with a compartment containing the full container to open (in normal operation the door 34 is allowed to be opened; Figure 49); and
displaying instructions to remove the full container (see instructions at bottom left side in schematic; Figure 68B).
Referring to claim 33. Rose discloses a method of vending product (bottles; Figure 1) which require storage conditions that satisfy requirements of a hazardous environment (storing articles within dispenser 10), the method comprising:
(all limitations not considered since the claim uses the limitation “or” indicating only one of the following of the list is required to satisfy the claim)
receiving a first confirmation that the full container has been removed (see instructions at bottom left side in schematic; Figure 68B),
or receiving a second confirmation the full container has not been removed;
receiving a third confirmation that the door associated with the compartment that previously contained the full container is closed, or
receiving a fourth confirmation the door associated with the compartment containing the full container is open; and
completing a purchase of the full container only when both the first and third confirmations are received; or
cancelling the purchase of the full container when at least one of the second and further confirmations are received (see schematic in Figure 68b).
Referring to claim 36. Rose discloses a method of vending product (bottles; Figure 1) which require storage conditions that satisfy requirements of a hazardous environment (storing articles within dispenser 10), the method comprising:
signaling the door associated with the empty compartment to open (opening the door corresponding to an empty slot wherein a bottle maybe inserted by a user; see instructions as bottom left in Figure 68A);
displaying instructions to insert an empty container “open access door place empty 5-gallon bottle on shelf with spout towards you”; see instructions in Figure 68A), receiving a confirmation that the empty container has been inserted into the previously empty compartment “open access door place empty 5-gallon bottle on shelf with spout towards you”; see instructions in Figure 68A);
receiving a confirmation that the door associated with the previously empty compartment is closed (once bottle is correctly inserted please close the access door”; see instructions in Figure 68A); and
completing an exchange for the empty container (Transaction completed; see Figure 68B).
Response to Arguments
Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive. See new rejections in view of Adams (US 20120241464) in view of Naaman (WO 2018/154526 A1) in view of Kranyec (US 8,509,944) in view of Breimesser (WO 2007/134558 A1) and in view of Rose (US 2014/0312051 A1)cited above.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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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.
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/RAKESH KUMAR/ Primary Examiner, Art Unit 3651