Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
2. 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: (1) storage zone in claims 1 and 15; (2) port region in claims 1 and 15; and (3) urging member in claims 1-4 and 13.
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 § 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.
3. Claims 2-3, 16 and 19-20 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. Claims 2 and 3 ultimately depend from claim 1. Claim 1 recites “a media item”. Claims 2 and 3 each recite “a media item”. It is unclear if the recited “a media item” in claims 2 and 3 is the same or different from the previously recited “a media item” in claim 1. In other words, it is unclear how many different media items are claimed in claims 2 and 3.
Claims 16, 19 and 20 ultimately depend from claim 15. Claim 15 recites “at least one media item”. Claims 16, 19 and 20 each recite “a media item”. It is unclear if the recited “a media item” in claims 16, 19 and 20 is the same or different from the previously recited “at least one media item” in claim 15. In other words, it is unclear how many different media items are claimed in claims 16, 19 and 20.
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.
4. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2016/0101953 (Suetaka et al.) (hereinafter “Suetaka”).
Regarding claim 1, Figs. 1-9 show an apparatus (Fig. 2) for storing media items (BL) at a storage zone (11 in Fig. 2), comprising:
a storage zone (11 in Fig. 2) for storing media items (BL);
a port region (including 26) proximate to the storage zone (11 in Fig. 2) for receiving at least one media item (BL); and
at least one urging member (including 51-53) configured to urge the media item (BL) into a desired location for forming an aligned stack of media items (BL) in the storage zone (11 in Fig. 2), the at least one urging member (including 51-53) having a deployed configuration (Fig. 9) to exert a continuous urging action on a media item (BL) as it is transported to the desired location.
Regarding claim 2, Figs. 1-9 show that the urging member (including 51-53) is configured to push a media item (BL) into the desired location or wherein the urging member (including 51-53) is configured to flatten a media item (BL) in the desired location.
Regarding claim 3, Figs. 1-9 show that the urging member (including 51-53) is configured to push a trailing edge of a media item (BL) into the desired location.
Regarding claim 4, Figs. 1-9 show that the urging member (including 51-53) is movable between a stowed configuration (Fig. 3) and the deployed configuration (Fig. 9).
Regarding claim 5, Figs. 1-9 show that the urging member (including 51-53) comprises a first urging part (52) and a second urging part (53), the first urging part (52) being rotatable relative to the second urging part (53 or another element 52) to move the urging member between the stowed configuration (Fig. 3) and the deployed configuration (Fig. 9).
Regarding claim 6, Figs. 1-9 show that in the deployed configuration (Fig. 9) the first urging part (52) is rotatable by driven rotation of a first urging shaft (34) or the second urging part (53 or 52) is rotatable by driven rotation of a second urging shaft.
Regarding claim 7, Figs. 1-9 show that in the deployed configuration (Fig. 9) the first urging part (52) is rotatable at a same speed of rotation as the second urging part (53 or 52).
Regarding claim 8, Figs. 1-9 show that each urging part (52 and 53) comprises one or more outwardly extending arm elements to engage a media item (BL).
Regarding claim 9, Figs. 1-9 show that, in the stowed configuration (Fig. 3), the one or more outwardly extending arm elements extends away from the storage zone (11 in Fig. 2).
Regarding claim 10, Figs. 1-9 show that, in the stowed configuration (Fig. 3), the one or more outwardly extending arm elements of the first urging part (52) extend towards one side of the urging member (including 51-53) and the one or more outwardly extending arm elements of the second urging part (53 or 52) extend towards a same side of the urging member (including 51-53) or in the deployed configuration (Fig. 9) the one or more outwardly extending arm elements of the first urging part (52) extend towards one side of the urging member (including 51-53) and the one or more outwardly extending arm elements of the second urging part (53 or 52) extends towards an opposite side of the urging member (including 51-53).
Regarding claim 11, Figs. 1-9 show that each urging part (including 51-53) comprises a flicker wheel.
Regarding claim 12, Figs. 1-9 show that each flicker wheel is disposed to provide a flick force periodically with a constant time period that is common between all flicks applied to a media item (BL).
Regarding claim 13, Figs. 1-9 show a plurality of urging members (including 51-53) located across the storage zone (11 in Fig. 2).
Regarding claim 14, Figs. 1-9 show that the storage zone (11 in Fig. 2) comprises a chamber region in a storage receptacle, wherein the storage receptacle comprises a currency cassette (17), and wherein each media item (BL) comprises a currency note of a specified denomination whereby currency notes of a common denomination are stacked in the currency cassette (17).
Regarding claim 15, Figs. 1-9 disclose a method for receiving media items (BL) at a desired location, in a storage zone (11 in Fig. 2) comprising:
providing at least one media item (BL) one-by-one at a port region (including 26) proximate to a storage zone (11 in Fig. 2); and
one-by-one as each media item (BL) is transported from the port region (including 26) to the storage zone (11 in Fig. 2), providing a continuous urging action to the media item (BL) thereby continuously urging each media item (BL) into a desired location for forming an aligned stack of media items (BL).
Regarding claim 16, Figs. 1-9 show that continuously urging comprises providing an urging force on a media item (BL) at all times, said urging force comprising a repetitive force applied to at least an edge region of a media item (BL).
Regarding claim 17, Figs. 1-9 show that continuously urging comprises constantly applying a varying urging force to each media item (BL).
Regarding claim 18, Figs. 1-9 show that constantly urging comprises periodically providing a flick force, provided by carrying out a flick of an arm element of a flicker wheel (including 51-53) on an edge region of the media item (BL).
Regarding claim 19, Figs. 1-9 show providing a flick force periodically with a constant time period that is common between all flicks applied to a media item (BL).
Regarding claim 20, Figs. 1-9 show that continuously urging comprises providing an urging action by repeatedly applying a flick from a preceding arm element (e.g., 52) of a flicker wheel (including 51-53) and simultaneously applying a contact sliding force to a media item (BL) by an immediately successive arm element (e.g., 52) of the flicker wheel (including 51-53) as the flicker wheel (including 51-53) rotates and subsequent to a preceding arm element (52) applying a flick, as the flicker wheel (including 51-53) rotates, applying a next flick from a successive arm element (52) as another arm element (52) applies a contact sliding force.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent Application Publication No. 2021/0104113 (QU et al.) (hereinafter “QU”) teaches a storage zone (16), a port region (11), and at least one urging member (including 22 and 24), as claimed in claim 1. QU teaches all of the limitations of claims 1-20.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A MORRISON whose telephone number is (571)272-7221. The examiner can normally be reached M-F 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653
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