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 .
Preliminary Amendment
The Preliminary Amendment dated 11/10/2023 has been entered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 3 (box-shaped body; see Page 3, line 25).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 13 in Fig. 1.
The drawings are objected to because it appears that nuts 34A are mislabeled in Fig. 6 as 34 (guide slots).
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.
Specification
The disclosure is objected to because of the following informalities: Page 2, lines 4-8 refer to documents D1, D2, and D5, which were not found to be identified in the specification.
Appropriate correction is required.
Claim Objections
Claims 1, 5, and 7-8 are objected to because of the following informalities:
In claim 1, line 35, the claim recites “each vertical segment and each a horizontal segment” in line 35. It appears that the underlined word is a typographical error.
In claims 5, 7, and 8, each claim recites “The vending machine according to claim 1” in their respective preambles, but claim 1 recites “A beverage vending machine” in the preamble. This terminology should be consistent between the claims.
In claim 7, line 3, the claim recites “and in that said dispensing assembly” in line 3. It appears that the underlined phrase is a grammatical or typographical error.
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. Such claim limitations are: “releasable locking means being provided for locking said shafts in said guide slot” in claim 1, with corresponding structure found in the specification being “locking pin 40” (Page 6, lines 9-14).
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “connection means for connecting said dispensing assembly to said closing door or to said box-shaped body” in claim 1, for which sufficient structure is recited in the claim.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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, and 7-8 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.
Regarding claim 1:
The claim recites “at least one dispensing assembly having bodies for containing/mixing said beverages” in lines 3-4. There is insufficient antecedent basis for the limitation “said beverages” in the claim.
The claim recites “each retention pin being stably connected to one between said dispensing assembly and said closing door or said box-shaped body” in lines 9-10, and “a shaped retention plate stably connected to the other between said dispensing assembly and said closing door or said box-shaped body” in lines 11-12 It is unclear what structural relationship is being recited, considering the use of two different conjunctions (and, or) and the phrase “the other” (e.g., it is unclear whether Applicant intends a device having retention pins connected to a closing door and a retention plate connected to a box-shaped body to fall under the scope of the claim; see also lines 14-15).
The claim recites “a shaped retention plate” in line 11, followed by “the shaped retention plate” in lines 12 and 16, “the retention plate” in line 21, “said shaped plate” in lines 24-25, and “said shaped retention plate” in line 28. It is unclear if these are all referring to the same feature.
The claim recites “each guide slot comprising a vertical segment, a horizontal segment and an inlet passage which is open upwards arranged above the vertical segment and communicating with the vertical segment itself” in lines 18-20. It is unclear what the limitation “open upwards” means in this context, considering that the claim subsequently recites “upper guide slots” and “lower guide slots” in lines 21-22, and it does not appear that the inlet passages of the lower guide slots are illustrated or described as being “open upwards” in the manner described in the specification (allowing insertion of attachment head into slot by vertical movement only; Page 5, lines 13-15). Additionally, it is unclear to which feature the term “itself” refers and whether its inclusion is intended to impart any particular structural relationship.
The claim recites “the outer diameter of the first flange” in lines 30-31. There is insufficient antecedent basis for this limitation in the claim.
The claim recites “a width approximating by excess the outer diameter of each relative circumferential groove” in line 36. There is insufficient antecedent basis for the underlined limitation in the claim. Furthermore, it is unclear whether the claim requires each circumferential groove to have the same outer diameter.
The claim recites “releasable locking means being provided for locking said shafts in said guide slot” in lines 44-45. It is unclear whether Applicant is claiming multiple shafts in a single guide slot, or if separate locking means are required for each shaft and/or guide slot.
Regarding claim 5, the claim recites “said pin” in line 4. There is insufficient antecedent basis for this limitation in the claim (it is unclear whether the limitation refers to a retention pin recited in claim 1 or the “stop pin” recited in line 2).
Regarding claim 7, the claim is dependent upon claim 1 and thus inherits the deficiencies of claim 1.
Regarding claim 8, the claim recites “said attachment head” in line 2. It is unclear if this refers to each attachment head or a particular instance, since an attachment head is recited for each retention pin.
In light of the indefiniteness issues described above, the claims will be interpreted according to Examiner’s best understanding.
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, 5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Torrisi et al. (US 2013/0160658) in view of Hartung et al. (US 6,795,309) and Fall et al. (US 6,209,979).
Regarding claim 1, Torrisi et al. disclose a beverage vending machine (51; Figs. 1-2) comprising a box-shaped body (22) delimiting a housing chamber (interior of 22) and an opening for access to said chamber (Fig. 2); a door (23) for closing said access opening; at least one dispensing assembly (32) having bodies (33) for containing/mixing said beverages and connection means for connecting said dispensing assembly to said closing door or to said box-shaped body (“container feeder 32 for dispensing juice containers or glasses 33 for the juice to be distributed is mounted on an internal wall of the door 23”; Paragraph 0033). Torrisi et al. are silent regarding the details of the connection means, and thus do not disclose a quick coupling and locking device comprising the claimed retention pins, shaped retention plate, or releasable locking means.
Hartung et al. teach a connection means (see Figs. 1-4) for mounting a device (122) on a vertical surface (right side 113 of chassis 100) including a quick coupling and locking device comprising:
an upper pair of retention pins and a lower pair of retention pins (110 on right side of 122 in Fig. 1; Col. 4, lines 42-46) vertically spaced from one another (only one pair is illustrated in Fig. 1, but upper and lower pairs are anticipated; Col. 5, lines 11-14), each retention pin being stably connected to said device (Fig. 1), and
a shaped retention plate (136) stably connected to said vertical surface (Col. 4, lines 5-7), the shaped retention plate being C-shaped and comprising a vertical intermediate wall and two horizontal wings stably connected to said vertical surface (Fig. 4);
the shaped retention plate delimiting for each said retention pin at least one guide slot (140, 150) for guiding the relative retention pin;
each guide slot comprising a vertical segment (segment connecting top of 140 and 150 to horizontal segments), a horizontal segment (142, 152) and an inlet passage (top of 140 and 150) which is open upwards arranged above the vertical segment and communicating with the vertical segment itself (Fig. 4);
the retention plate delimiting upper guide slots (142, 152) adapted for receiving the retention pins of said upper pair and lower guide slots (144, 154) adapted for receiving the retention pins of said lower pair (see Col. 4, line 64 - Col. 5, line 17);
each said retention pin comprising a shaft (111) engaging the respective guide slot in a slidable manner (Col. 6, lines 2-6), and an attachment head (head of 110 with ridges in Fig. 3) positioned abutting against a portion of said shaped plate delimiting the respective guide slot and insertable through the respective inlet passage (see Fig. 7);
each said attachment head comprising a portion provided with a circumferential groove (111) engaged in a slidable manner by portions of said shaped retention plate delimiting the respective guide slot (Col. 5, lines 2-8);
wherein each vertical segment and each a horizontal segment are shaped so as to have a width approximating by excess the outer diameter of each relative circumferential groove so as to allow the relative circumferential groove to slide freely within the vertical segment and the horizontal segment (Col. 6, lines 6-11);
each said upper guide slot having a said inlet passage which is open upwards and which is obtained partly through the intermediate wall and partly through an upper wing of said horizontal wings (upper and lower guide slots share an inlet passage; Fig. 10b); and
the attachment head of each retention pin of said upper pair being insertable from above through said inlet passage which is open upwards of the respective said upper guide slot (Col. 6, lines 3-8).
Hartung et al. teach that these features enable a user to install, remove, and replace the device without the use of tools (see the Abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the beverage vending machine of Torrisi et al. with a quick coupling and locking device, as taught by Hartung et al., as the connection means for mounting container feeder 32 (a device) to the internal wall of door 23 (a vertical surface) in order to enable a user to install, remove, and replace the dispensing assembly without the use of tools.
Torrisi et al.-Hartung et al. in combination still do not disclose the claimed arrangement of a first circular flange and a second circular flange delimiting the circumferential groove, or the releasable locking means.
However, Fall et al. teach a quick coupling and locking device (see Figs. 1-3) similar to the device of Hartung et al., but having retention pins (14) with a shaft (cylindrical body of 14; see Fig. 1) and an attachment head (15 with 19) that is inserted into a guide slot with an inlet passage (e.g., 16 with 25; Fig. 10b), each pin having a circumferential groove (gap between 21 and 15 at 19; see Fig. 3a) being laterally delimited between a first circular flange (21) and a second circular flange (left face of 15 in Fig. 3a), the second flange having an outer diameter smaller than the outer diameter of the first flange (Fig. 3a); wherein each inlet passage is configured to be crossed by the attachment head of the relative retention pin in such a way that the second flange crosses the inlet passage whereas the first flange does not cross the inlet passage (Fig. 3a). Fall et al. further teach a releasable locking means (66) being provided for locking said shafts in said guide slot (Col. 6, lines 14-18).
Having modified the beverage vending machine of Torrisi et al. with the connection means of Hartung et al., it would have further been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the quick coupling and locking device of the combined invention with the pin configuration and releasable locking means taught by Fall et al. as an improvement to the combined invention. Since Torrisi et al. is silent as to the connection means, one having ordinary skill in the art would look to the prior art to find solutions, of which Hartung et al. provides a suitable example. However, Hartung et al. relies on additional structure (a second connection means on an opposite side of the device) in order to secure the device from unintentional movement, which would be difficult to implement in the device of Torrisi et al. Fall et al. provides a pin structure that captures the slot in a more defined circumferential groove and a locking means that prevents unintended disengagement from the slot. Though Fall et al. teaches these features as part of a telescoping slide system, one having ordinary skill in the art would have been capable of adapting these improvements to the combined invention of Torrisi et al. and Hartung et al. with predictable results.
Regarding claim 5, Torrisi et al.-Hartung et al.-Fall et al. in combination disclose the vending machine according to claim 1. Fall et al. further teach that the releasable locking means comprise a stop pin (at least one instance of 14) carried by said dispensing assembly and a retention seat (68) engaged in a releasable manner by said pin and obtained on said retention plate (see Figs. 11-14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to implement these features using the similarly configured retention pins and shaped retention plate taught by Hartung et al.
Regarding claim 7, Torrisi et al.-Hartung et al.-Fall et al. in combination disclose the vending machine according to claim 1. When combined as described, the shaped retention plate of the combined invention would be stably connected to said door (in accordance with Hartung et al.). Furthermore, the dispensing assembly of Torrisi et al. is shown having an attachment structure (upper and lower plates connecting the dispensing assembly to the door; see Figs. 2 and 8), and Hartung et al. teaches that the retention pins are stably connected to the device (via mounting holes 137; see Fig. 1) in a cantilever fashion.
When combining the inventions of Torrisi et al., Hartung et al., and Fall et al., it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the attachment structure disclosed by Torrisi et al. with the shafts of the retention pins taught by Hartung et al. stably connected in a cantilever fashion (in accordance with the teaching of Hartung et al.).
Regarding claim 8, Torrisi et al.-Hartung et al.-Fall et al. in combination disclose the vending machine according to claim 1. Fall et al. further teach that each said shaft comprises a stem (17) and said attachment head comprises a nut screwed onto said stem (17 is threaded and thus 15 may be attached as a nut screwed onto 17, as is described for nut 23; Col. 4, lines 14-16).
When combining the inventions of Torrisi et al., Hartung et al., and Fall et al., it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to also utilize the retention pin construction taught by Fall et al. such that the attachment head of each retention pin is screwed onto a stem. One having ordinary skill in the art would additionally recognize that this arrangement enables better adjustability of the retention pins.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. In particular, Polsen et al. (US 2,426,707), Levine (US 2021/0225120), Vergani et al. (US 2011/0281000), McMillin (US 4,687,120), and Catalano et al. (US 10,152,842) disclose door-mounted dispensing assemblies in beverage vending machines that could be similarly modified to meet the limitations of the independent claim of the instant application. Sams (US 2004/0069795) and Danby et al. (US 7,007,824) disclose body-mounted dispensing assemblies in beverage vending machines that could be modified to meet the limitations of the independent claim of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754