DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Invention I: Claims 1-11 in the reply filed on 07/06/2026 is acknowledged.
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) 1-3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terresa Ferruccio (US 2002/0070227 A1 – hereinafter Ferruccio).
Re Claim 1:
Ferrucci discloses a dispensing device comprising: a hopper (28) configured to store a plurality of items of a same type; a sorting assembly (24, 26) interconnected with the hopper (28) and configured to extract a single item from the plurality of items, the sorting assembly (24, 26) comprising: a rotatable disk (24) including at least one slot (32) configured to receive the single item; a release aperture (upper opening to chute (36)) configured to allow the single item to be released from the sorting assembly (24, 26) when the disk (24) is rotated to align the at least one slot (32) with the release aperture (upper opening to chute (36)); and a dispensing assembly (42) configured to receive the single item from the sorting assembly (24, 26) and dispense the single item from the dispensing device (see Figs. 1-3).
Re Claim 2:
Ferrucci discloses wherein the at least one slot (32) is sized based on the type of the item to accommodate the single item (see paragraph [0028]).
Re Claim 3:
Ferrucci discloses wherein the at least one slot (32) extends from a circumference of the rotatable disk (see Fig. 3).
Re Claim 8:
Ferrucci discloses wherein the dispensing assembly comprises:a chute (36, 38) configured to receive the single item from the sorting assembly (24, 26) via the release aperture (upper opening to chute (36)); and an access landing area (at 40) configured to catch the single item to dispense the single item (see Fig. 2).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrucci in view of Anderson et al. (US 2020/0022876 A1 – hereinafter Anderson).
Re Claim 4:
Ferrucci discloses wherein: a width of the at least one slot corresponds to an intermediate (width) dimension of the single item (see Figs. 1-3), but fails to teach a length of the at least one slot corresponds to a longest dimension of the single item; and a height of the at least one slot corresponds to a smallest dimension of the single item.
Anderson teaches a length (see wall near 191 of Fig. 17) of at least one slot corresponds to a longest dimension of the single item; a width (see direction at 134, traverse to length wall of Fig. 17) of the at least one slot corresponds to an intermediate dimension of the single item; and a height (see shapes of Fig. 17 tablets, also see Fig. 10 near (116) and height of the pocket) of the at least one slot corresponds to a smallest dimension of the single item (see Figs. 1-23). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Ferrucci with that of Anderson, to provide an alternative shape of aperture to accommodate product of a particular size. Examiner further notes that “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d *>996<, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrucci in view of Anderson and further in view of Allen et al. (US 4,191,308 – hereinafter Allen).
Re Claim 5:
Ferruci discloses a dispensing device, but fails to teach wherein the rotatable disk is angled from a center of the disk to the circumference of the disk; and wherein the height of the slot is measured at an inner wall of the slot.
Anderson teaches wherein a height of a slot (at 134) is measured at an inner wall of the slot (see Figs. 1-23). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Ferrucci with that of Anderson, to provide an alternative shape of aperture to accommodate product of a particular size.
Allen further in view teaches wherein a rotatable disk (6) is angled from a center of the disk to a circumference of the disk (see Figs. 1-7). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Ferrucci in view of Anderson with that of Allen, to assist in guiding product towards a dispensing position.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrucci in view of Minocha et al. (US 2020/0234822 A1 – hereinafter Minocha).
Re Claim 6:
Ferruci discloses the device of claim 1, but fails to teach wherein the sorting assembly comprises:a first divider defining a first sector configured to receive the plurality of items from the hopper; and an additional divider defining (i) a second sector configured to receive a subset of the plurality of items and (ii) a third sector aligned with the release aperture.
Minocha teaches wherein a sorting assembly comprises:a first divider defining a first sector configured to receive a plurality of items from a hopper (upper cap at 124a, 124b – or loading area above 14a, 124b); and an additional divider defining (i) a second sector configured to receive a subset of the plurality of items and (ii) a third sector aligned with the release aperture (Examiner notes that Minocha teaches one or more dividers/chambers and each can be aligned with aperture) (see paragraphs [0043-0044]) (see Figs. 1-134). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Ferrucci with that of Minocha to allow for controlled dispensing from specific sections as known within the art.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrucci in view of Long et al. (US 2022/0105008 A1 – hereinafter Long).
Re Claims 9-11:
Ferruci discloses the device of claim 1, but fails to teach wherein the chute further includes:a controllable flap configured to maintain the single item in the chute, wherein the controllable flap is configured to be released to dispense the single item in response to a dispensing request.
Long teaches wherein a chute further includes:a controllable flap (66) configured to maintain a single item in the chute, wherein the controllable flap (66) is configured to be released to dispense the single item in response to a dispensing request (see paragraphs [0013 and 0073])). Re Claim 10: Long teaches wherein the chute further includes:a sensor (68) configured to detect the single item on the controllable flap (66) (see Fig. 3). Re Claim 11: Long teaches wherein the dispensing assembly comprises:a sensor (68) configured to detect passage of the single item through a release aperture (see Fig. 3). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Ferrucci with that of Long to assure proper dispensing of product.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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