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 . Pursuant to communications filed on 28 November 2023, this is a First Action Non-Final Rejection on the Merits. Claims 1-20 are currently pending in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 28 November 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
Claim Rejections - 35 USC § 102
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conway (US 2020/0090114 A1).
Regarding claim 1, Conway teaches a gravity-feed bulk food dispensing system comprising:
a hopper (Figures 1A-1B, hopper bin 410, Figure 18, hopper 22) configured to hold a bulk food for dispense (Figures 16-18; at least as in paragraphs 0055 and 0109-0111, specifically wherein “the storage bin 12 may include a hopper 22 configured to store the bulk food”), the hopper comprising an identification element (Figures 1A-1B, display 110, Figures 16-18, display 28a, 28b; at least as in paragraphs 0042, 0055-0056 and 0115-0119, specifically wherein “The display 28a, 28b may be configured to provide information regarding the bulk food or other article/item stored within the storage bin.”);
a gravity-feed dispenser (Figures 1A-1B, dispenser 400, Figures 16-18, gravity-fed storage bins 12) removably connected to the hopper (Figures 1A-1B & 16-18; at least as in paragraphs 0055 and 0109-0112), the gravity feed dispenser comprising:
a spout (Figures 1A-1B, chute 420, Figure 16-18, chute/reservoir 24; at least as in paragraphs 0045, 0055 and 0111, specifically wherein “a chute or food reservoir may refer to a spout section of a gravity-fed storage bin dispenser” and further wherein “the customer pulls down the dispenser lever 430 and waits for the desired amount of food to fall through the valve in the chute 420” and additionally wherein “the dispensing handle 26 is connected to a gate valve 70 which is separate from the hopper 22 and reservoir 24”);
a valve (Figure 18, valve 70) separating the hopper from the spout (at least as in paragraphs 0055 and 0122, specifically wherein “the customer pulls down the dispenser lever 430 and waits for the desired amount of food to fall through the valve in the chute 420” and further wherein “the dispensing handle 26 is connected to a gate valve 70 which is separate from the hopper 22 and reservoir 24”);
an actuator assembly (Figures 1A-1B, dispenser lever 430, Figures 16-18, dispensing handle 26) connected the valve, the actuator assembly operable to move the valve between open and closed conditions to selectively permit bulk food to pass from the hopper out of the spout (Figures 1A-1B & 16-18; at least as in paragraphs 0055 and 0112-0113, specifically wherein “The gravity-fed storage bin 12 may also include a dispensing handle 26 positioned near a base of the gravity-fed storage bin 12, wherein the bin is configured to dispense an article (e.g., bulk food) upon moving a dispensing handle 26 from a closed position into an open position such that the bulk food flows out of the storage bin 12 via gravity when the dispensing handle is in the open position.”);
a detectable element configured to move in coordination with the valve (Figures 10-13; at least as in paragraphs 0088-0093, specifically wherein “The sensor may be any type of sensor configured to monitor movement. The sensor may use any number of methods of detecting movement including hall effect, laser, magnetic fields, or other methods of tracking bin usage. This may work by sensing the handle or lid opening on a bin, changes in weight, or volume of product in a bin.” and further wherein “the sensor is a motion sensor such as an infrared sensor, an ultrasonic sensor, a microwave sensor, a tomographic sensor, accelerometer sensor, or a combination thereof. In other examples, the sensor is a magnetic sensor configured to detect a change in a magnetic field (e.g., flux, strength, or duration)”);
a fixture (Figures 10-11, frame 15, Figures 16-18, housing 52) configured to engage and support the gravity feed dispenser, the fixture comprising a reader configured to read identification information from the identification element on the hopper when the gravity feed dispenser is supported by the fixture (at least as in paragraphs 0048, 0074, 0104, 0109, 0131 and 0141-0142, wherein “the label or receipt may include a smart label such as a radio-frequency identification (RFID) configured to be scanned or captured via radio waves”, and further wherein “the communication interface 205 may be configured to receive a transmission or signal from a sensor of a storage bin” and additionally wherein “The controller 202 is then configured to interpret the transmission to identify which storage bin has had a bulk food item dispensed. The controller 202 may also be configured to interpret from the transmission the weight and/or cost of the bulk food dispensed and provide instructions to the printer 207 to print a label (e.g., a barcode or RFID tag) with the identifying information for the dispensed bulk food (e.g., the weight, cost, and/or description of the dispensed item)”); and
a sensor (Figures 10-13, sensor(s) 18, 20) connected to the fixture and positioned relative to gravity-feed dispenser, the sensor operable to detect the detectable element and produce a signal indicative of the open condition or the closed condition of the valve (Figures 10-13; at least as in paragraphs 0088-0093, specifically wherein “a magnetic sensor may have a first component positioned on one part of the storage bin, and a second component positioned on a second part of the storage bin, wherein the first and second components may move adjacent to each other and apart from each other upon the opening and closing of one of the two parts of the storage bin”); and
a controller (Figures 1A-1B, processor 300, Figures 10-11, 16 & 20, controller 202 w/kiosk 16) configured to receive the signal indicative of the open condition or the closed condition of the valve from the sensor and configured to receive the identification information from the reader (Figures 1A-1B, 10-11 & 16; at least as in paragraphs 0055-0056, 0092, 0097, 0100 & 0141-0142, specifically wherein “the system 10 depicted in FIGS. 10 and 11 includes a kiosk 16 (e.g., a computing device having a processor and memory) configured to receive the signal from the sensor identifying that a storage bin has been opened and/or closed. The kiosk 16 is configured to identify the specific storage bin that has been opened/closed based on the transmitted signal”, and further wherein “The controller 202 is then configured to interpret the transmission to identify which storage bin has had a bulk food item dispensed”).
Regarding claim 2, Conway further teaches wherein the valve comprises the detectable element (Figures 1A-1B, 10-13 & 16-18; at least as in paragraphs 0055-0056, 0088-0093, 0109-0113 and 0122).
Regarding claim 3, Conway further teaches wherein the actuator assembly comprises a pivotable spout extension (Figures 1A-1B, 10-13 & 16-18; at least as in paragraphs 0055-0056, 0088-0093, 0109-0113 and 0122).
Regarding claim 4, Conway further teaches wherein the detectable element is at least one of ferrous, conductive, or magnetic (Figures 10-13; at least as in paragraphs 0088-0093).
Regarding claim 5, Conway further teaches wherein the controller is configured to calculate an estimated dispense amount from the identification information and the signal indicative of the open condition or the closed condition of the valve (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0092, 0097, 0100 & 0141-0142).
Regarding claim 6, Conway teaches the gravity-feed bulk food dispensing system further comprising a graphical display communicatively connected to the controller, wherein the controller is configured to operate the graphical display to present a visual indication of the estimated dispense amount (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142).
Regarding claim 7, Conway further teaches wherein the controller is configured to calculate an estimated dispense cost and the controller is configured to operate the graphical display to present a visual indication of the estimated dispense cost (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142).
Regarding claim 8, Conway further teaches wherein the graphical display is connected to the gravity-feed dispenser (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142).
Regarding claim 9, Conway further teaches wherein the controller is configured to provide the identification information and the estimated dispense amount to a retail endpoint comprising a scale and a labeling system (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0057, 0100, 0107, 0115-0119 & 0141-0142).
Regarding claim 10, Conway further teaches wherein the valve is a fixed displacement valve (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0059, 0068 & 0122).
Regarding claim 11, Conway further teaches wherein the identification information comprises a product identification, a fixed displacement valve dispense amount, and a unit price, and the controller counts a number of actuations of the fixed displacement valve and calculates an estimated dispense cost from the number of actuations, dispense amount, and the unit price (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0057, 0100, 0107, 0115-0119 & 0141-0142).
Regarding claim 12, Conway further teaches wherein the valve is a rotary valve (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0059, 0068 & 0122).
Regarding claim 13, Conway teaches a system (Figures 10-11, system 10, Figure 16, system 50) for gravity-feed dispensing of bulk food, the system comprising:
a plurality of hoppers (Figures 10-11 & 16, bins 12, 14), each configured to hold a bulk food for dispense (Figures 10-11 & 16-18; at least as in paragraphs 0074-0078 and 0109-0111, specifically wherein “FIGS. 10 and 11 depict examples of bulk food storage and dispensing system 10 having a plurality of storage bins 12, 14, a kiosk 16, and a sensor 18, 20 associated with each storage bin 12, 14. The storage bins 12, 14 and kiosk 16 may be attached to or supported by a support frame 15” and further wherein “As depicted in FIG. 16, the system 50 includes a plurality of gravity-fed storage bins 12 and at least one central kiosk 16 or customer touchscreen and printout station for a section of storage bins. The storage bins 12 and kiosk 16 may be secured within a housing 52 of the system 50”);
a first gravity-feed dispenser comprising a first hopper, a first spout, a first valve separating the first hopper from the first spout, a first actuator assembly connected to the first valve and operable to move the first valve between open and closed conditions to selectively permit bulk food to pass from the first hopper out of the first spout, and a first detectable element configured to move in coordination with the valve (Figures 1A-1B, 10-13 & 16-18; at least as in paragraphs 0055-0056, 0088-0093, 0109-0113 and 0122, specifically as provided/referenced in claim 1 above with respect to the gravity feed dispenser);
a second gravity-feed dispenser comprising a second hopper, a second spout, a second valve separating the second hopper from the second spout, a second actuator assembly connected to the second valve and operable to move the second valve between open and closed conditions to selectively permit bulk food to pass from the second hopper out of the second spout, and a second detectable element configured to move in coordination with the valve (Figures 1A-1B, 10-13 & 16-18; at least as in paragraphs 0055-0056, 0088-0093, 0109-0113 and 0122, specifically as provided/referenced in claim 1 above with respect to the gravity feed dispenser);
a fixture (Figures 10-11, frame 15, Figures 16-18, housing 52) configured to engage and support the first gravity-feed dispenser and the second gravity-feed dispenser (Figures 10-11 & 16-18; at least as in paragraphs 0074-0078 and 0109-0111, specifically wherein “The storage bins 12, 14 and kiosk 16 may be attached to or supported by a support frame 15” and further wherein “The storage bins 12 and kiosk 16 may be secured within a housing 52 of the system 50”);
a first sensor (Figures 10-13, sensor(s) 18, 20) connected to the fixture and positioned relative to the first gravity-feed dispenser, the first sensor configured to detect the first detectable element and configured to produce a first signal indicative of the open condition or the closed condition of the first valve (Figures 10-13; at least as in paragraphs 0088-0093, specifically wherein “a magnetic sensor may have a first component positioned on one part of the storage bin, and a second component positioned on a second part of the storage bin, wherein the first and second components may move adjacent to each other and apart from each other upon the opening and closing of one of the two parts of the storage bin”);
a second sensor (Figures 10-13, sensor(s) 18, 20) connected to the fixture and positioned relative to the second gravity-feed dispenser, the second sensor configured to detect the second detectable element and configured to produce a second signal indicative of the open condition or the closed condition of the second valve (Figures 10-13; at least as in paragraphs 0088-0093, specifically wherein “a magnetic sensor may have a first component positioned on one part of the storage bin, and a second component positioned on a second part of the storage bin, wherein the first and second components may move adjacent to each other and apart from each other upon the opening and closing of one of the two parts of the storage bin”); and
a controller (Figures 1A-1B, processor 300, Figures 10-11, 16 & 20, controller 202 w/kiosk 16) communicatively connected to the first sensor and the second sensor, wherein the controller is configured to receive the first signal and the second signal and configured to determine a dispense operation of the first gravity-feed dispenser or the second gravity-feed dispenser from the first signal and or the second signal (Figures 1A-1B, 10-11 & 16; at least as in paragraphs 0055-0056, 0092, 0097, 0100 & 0141-0142, specifically wherein “the system 10 depicted in FIGS. 10 and 11 includes a kiosk 16 (e.g., a computing device having a processor and memory) configured to receive the signal from the sensor identifying that a storage bin has been opened and/or closed. The kiosk 16 is configured to identify the specific storage bin that has been opened/closed based on the transmitted signal”, and further wherein “The controller 202 is then configured to interpret the transmission to identify which storage bin has had a bulk food item dispensed”).
Regarding claim 14, Conway teaches the system for gravity-feed dispensing further comprising a plurality of hoppers each configured to be refilled and interchangeably connected to the first gravity-feed dispenser and the second gravity-feed dispenser, the plurality of hoppers comprising the first hopper and the second hopper (Figures 10-11 & 16-18; at least as in paragraphs 0074-0080 and 0109-0111).
Regarding claim 15, Conway further teaches wherein the fixture comprises a shelf (Figures 1A-1B, shelf 500; at least as in paragraph 0055).
Regarding claim 16, Conway further teaches wherein the controller is configured to calculate a first estimated dispense amount and a first estimated dispense cost of a first dispense operation of the first gravity feed dispenser and is configured to calculate a second estimated dispense amount and a second estimated dispense cost of a second dispense operation of the second gravity feed dispenser (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142).
Regarding claim 17, Conway teaches the system for gravity-feed dispensing further comprising a first graphical display communicatively connected to the controller, wherein the controller is configured to operate the graphical display to present a visual indication of at least one of the first estimated dispense amount and the first estimated dispense cost or the second estimated dispense amount and the second estimated dispense cost (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142).
Regarding claim 18, Conway teaches the system for gravity-feed dispensing further comprising a second graphical display, and wherein:
the first graphical display is physically associated to the first gravity-feed dispenser and configured to be operated by the controller to present a visual indication of the first estimated dispense amount and the first estimated dispense cost (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142); and
the second graphical display is physically associated to the second gravity-feed dispenser and is configured to be operated by the controller to present a visual indication of the second estimated dispense amount and the second estimated dispense cost (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0056, 0100, 0115-0119 & 0141-0142).
Regarding claim 19, Conway teaches the system for gravity-feed dispensing further comprising: a weighing and labeling station, physically separated from the first gravity-feed dispense and the second gravity-feed dispenser, the weighing and labeling station comprising a scale and a label printer, the label printer configured to print an identification label encoding weight information from the scale, wherein the weighing and labeling station is communicatively connected to the controller and configured to receive an identification of the first dispense operation and an identification of the second dispense operation (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0057, 0100, 0107, 0115-0119 & 0141-0142).
Regarding claim 20, Conway further teaches wherein the weighing and labeling station further comprises a graphical display and the graphical display is configured to visually present an identification of the first dispense operation and an identification of the second dispense operation for selection by a user (Figures 1A-1B, 10-11 & 16-18; at least as in paragraphs 0055-0057, 0100, 0107, 0115-0119 & 0141-0142).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 – Notice of References Cited form. Examiner additionally notes the following prior art references, in the same field of endeavor as the instant invention, and also reads on some of the currently provided claim limitations above;
US 2020/0405075 A1, issued to Mackay et al, which is directed towards an automated dispensing system that releases a selected quantity of an edible or non-edible product that is dispensed into a receptacle container and calculates the quantity and cost of the dispensed product.
US 2018/0218562 A1, issued to Conway, which is directed towards a bulk food weighing and processing system including gravity-fed bulk food dispensers and a scale for weighing dispensed food.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN L SAMPLE whose telephone number is (571)270-5925. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at (571)270-5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN L SAMPLE/Primary Examiner, Art Unit 3657