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 .
Continued Examination Under 37 CFR 1.114 / Response to Amendment Election/Restrictions
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/6/2026 has been entered.
Applicant’s election without traverse of Group I (Claims 1-25) in the reply filed 7/8/2025 was acknowledged.
Applicant’s amendment filed 1/7/2026 has been entered.
Claims 6-13, 15, 19-23, 25, and 34-37 are cancelled.
Claims 1-5, 14, 16-18, 24, and 26-33 remain pending.
Claims 26-33 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claims 1-5, 14, 16-18, 24 are pending, drawn to the elected invention, and examined below.
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 1-3, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hume (US Patent 4,397,133-cited in IDS), in view of Johansen (US Patent 3,964,237), and in further view of Bell (US Patent 2,860,817).
Regarding Claim 1, Hume discloses a condiment dispenser (10; Figures 1, 6; note the machine is clearly capable of dispensing condiment materials) comprising:
a condiment receiver (reservoir 38) for receiving a condiment (Col 4, lines 26-31; note the reservoir is clearly capable of receive a condiment in a liquid/semi-liquid form);
a dispensing outlet (second work station including discharge spout 44);
a cup dispenser (26; Figure 2 including arm 30, arms 32 and mechanism 34; Col 4, lines 3-16);
a ramp (sweep arm 68; Col 5, lines 33-38);
a receptacle (chute 14); and
a turntable (16) having a cup receiving portion (pockets 18) that receives a cup (58; Figure 4) from the cup dispenser (at 26) when the cup receiving portion (18) is at the cup dispenser (of 26; Col 4, lines 17-26), wherein the turntable (16) is rotatable to transfer the cup to the dispensing outlet (second work station including discharge spout 44) where the condiment is dispensed into the cup (Col 4, lines 26-38), wherein the turntable (16) is rotatable to direct the filled cup to the ramp (68) along which is configured such that the cup slides to the receptacle (chute 14), vertically below the turntable (16; Col 5, lines 33-38 which disclose the sweep arm 68 is disclosed above chute 14 but “disposed downwardly of turntable 16” and therefore if the cup is elevated on turntable it will readily be guided downwardly; see Figures 1 and 6 which clearly depict the receptacle/chute being vertically beneath the turntable 16; note the common understanding of the term “chute” reasonably assumes a slope/incline as the definition of “chute” can be readily viewed as “an inclined plane, sloping channel, or passage down or through which things may pass” per “https://www.merriam-webster.com/dictionary/chute”).
However, Hume does not readily disclose the ramp (arm 68) comprising an upper and lower portion such that the cup slides downwardly along the lower portion the receptacle, wherein the lower portion of the ramp and the receptacle are positioned vertically below the turntable.
Attention is brought to the teachings of Johansen which includes a dispensing apparatus comprising a discharge mechanism (24; Figure 2) comprising a ramp (71 including rails 72) including an upper portion and a lower portion and a receptacle (73) in which the filled and sealed containers are discharged downwardly along the lower portion to the receptacle (73; Col 9, lines 20-29).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the ramp/sweep arm of Hume to have an upper and lower portion as taught by Johansen as with such a downward arrangement, gravity can readily assist in the movement of the cups into the receptacle.
Note that given the configuration of Hume, it can be readily implied that the lower portion of the ramp incorporated in view of Johansen would readily comprise at least a portion thereof below the turntable, however, further attention can be brought to Bell which includes a vending apparatus (Figure 1) comprising a turntable (turret 26) for conveying cups (21), wherein a cup (21) is removed from the turntable (turret 26 via 28) and conveyed down a ramp (chute 29) which comprises an upper and lower portion wherein the cup is slid downward along the lower portion and into a receptacle (vending compartment 17; Col 3, lines 20-30) wherein the ramp (29) lower portion and the receptacle (17) are vertically below the turntable (26 as shown in Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have positioned at least a portion of the lower portion of the ramp of Hume and the receptacle to be vertically below the turntable as taught by Bell as such a modification readily allows for further assistance of gravity (greater slope) to convey the container to a dispensing position within a receptacle. Further by positioning the ramp and the receptacle at least partially vertically below the receptable the lateral dimensions of the apparatus can be readily reduced.
Regarding Claim 2, Hume, as modified, discloses a lid dispenser (station 48 including magazine 54 and element 64 for supporting and releasing the lid), wherein the turntable (16) is rotatable to transfer the cup (58) to the lid dispenser (48) where a lid (56; Figure 4) is positioned on the cup (58; Col 4, lines 39-53).
Regarding Claim 3, Hume, as modified, discloses a lid presser (roller means 66), wherein the turntable (16) is rotatable to transfer the cup (58) and lid from the lid dispenser (48 including 64) to the lid presser (66), the lid presser (66) operable to press the lid (56) onto the cup (58; Col 4, lines 39-53).
Regarding Claim 5, Hume, as modified, discloses a track surface (ring element 20) along which the cup (58) slides as the turntable (16) rotates (Col 3, lines 52-54 and Col 4, lines 62-68).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hume (US Patent 4,397,133-cited in IDS), alone or in view of Johansen (US Patent 3,964,237) and Bell (US Patent 2,860,817), as applied to Claim 3, and in further view of Schmidt (US Patent 2,972,216).
Regarding Claim 4, Hume, alone or as modified, discloses several features of the claimed invention including the lid presser (66) having an arm (52) including at least one roller (roller means 66; Col 5, lines 13-15) but does not readily disclose the arm movable between a lifted position and a lowered position, wherein rotation of the turntable drives the arm of the lid presser from the lifted position to the lowered position such that the arm presses the lid onto the cup.
Attention can be brought to the teachings of Schmidt which includes another dispenser apparatus (Figure 1) comprising a turntable (8), a filling station (24), a lid dispensing station (53) and a lid pressing station (Figure 10 including heat sealing element 129) including an arm (formed by rod 142, boss 144, insulator 146 and head 130) movable between a lifted position and a lowered position (Figure 10; Col 5, lines 11-45), wherein rotation of the turntable (8) drives the arm (of 130) of the lid presser (129) from the lifted position to the lowered position such that the arm (of 130) presses a lid (132) onto a cup (12; see Col 5, line 68 through Col 6, line 20 outlines that the motor 200 drives the filler, cap positioner, and the pressure applying head and therefore movement of the motor which drives the movement of the turntable 8 via mechanism 22 (See Figure 16) will readily activate the fluid motor 140 based on cam mechanisms shown in Figure 14 and per Col 5, line 68 through Col 6, line 20).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Hume to have utilized separate lid positioning/dispensing and lid sealing/pressing stations and wherein the lid presser is raised and lowered by rotation of the turntable as taught by Schmidt. By modifying Hume in this manner, the lids can be readily heat sealed to obtain a better seal and the movement of the lid presser can be synchronized with the drive of the turntable therefore decreasing misalignment of the lid and the cups.
Claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hume (US Patent 4,397,133-cited in IDS), alone or in view of Johansen (US Patent 3,964,237) and Bell (US Patent 2,860,817), as applied to Claim 1, and in further view of Tessier (US PGPBU 2013/0174520) and Feinstein (US Patent 4,862,932).
Regarding Claim 14, Hume discloses the condiment receiver (38) and cup dispenser (26) are above the turntable (16 as shown), but does not disclose the condiment receiver (44) and cup dispenser (48) are configured to be lifted and pivoted from the turntable to provide access to the turntable.
First, Tessier teaches work stations including a dispensing unit (4; Figure 1) and a plugging device (12) wherein the dispensing unit (4) and plugging device (12) each configured to be lifted and pivoted relative to a turntable (11, 16; Paras. 0043-0048, 0065).
Second, attention can be brought to the teachings of Feinstein which includes another dispensing assembly (10; Figure 1) including a dispensing head (16) that is pivotable from a turntable (14 to Figure 3 position) to provide access to the turntable (14; Col 3, lines 51-63).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Hume such that the receiver (44) and cup dispenser (26) are pivotable and vertically translatable from the turntable in the same manner as that of the dispensing unit of Tessier. By incorporating rotational and translational movements, the filling and placement of the containers can be accurately ensured.
Further, by modifying Hume in such a manner, the parts that overhang the turntable can be readily pivoted away from the turntable to allow access to the turntable to be removed and replaced as taught by Feinstein (Col 3, lines 51-63).
Allowable Subject Matter
Claims 16-18 and 24 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 16, none of the cited prior art references, alone or in combination, disclose a loading portion comprising all of a condiment receiver, cup dispenser, and lid dispenser, as claimed wherein the loading portion, including all such structures, is pivotably connected to a packaging portion, comprising a turntable, such that it is configured to be lifted and pivoted to provide access to the packaging portion.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Below is a proposed amendment to Claim 1 which readily overcomes the cited prior art:
1. (Proposed) A condiment dispenser comprising.
a condiment receiver for receiving a condiment;
a dispensing outlet;
a cup dispenser;
a ramp including an upper portion and a lower portion;
a receptacle; and
a turntable having a cup receiving portion that receives a cup from the cup dispenser when the cup receiving portion is at the cup dispenser, wherein the turntable is rotatable to transfer the cup to the dispensing outlet where the condiment is dispensed into the cup, wherein the turntable is rotatable to direct the filled cup to the ramp along which is configured such that the cup slides downwardly along the lower portion to the receptacle, the lower portion and the receptacle positioned vertically below the turntable,
wherein the condiment receiver and the cup dispenser are comprised within a loading portion,
wherein the turntable is comprised by a packaging portion, and
wherein the loading portion is pivotably connected to the packaging portion and is configured to be pivoted upward to provide access to the packaging portion .
Response to Arguments
Applicant's arguments filed 1/7/2026 have been fully considered but they are rendered moot in view of the new grounds of rejection outlined above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. see “Notice of References Cited”.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 2/20/2026