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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
“can”, line 13, should be “configured to”;
“can”, line 19, should be “configured to”, since inclusion of ambiguous expressions such as "can be" defines the scope of the claimed subject-matter in uncertain terms (i.e., what the invention might be);
“that can grab”, line 29, should be “configure to grab”;
“can”, line 31, should be “configured to” and “(3)” should be deleted;
“that can”, line 45, should be “configured to”;
“can”, line 45, should be “is configured to”; and
“information about the cups”, line 64, should be “information about whether the cups”.
Claim 2 is objected to because of the following informalities:
In line 2, “the sizes of the cups in such sizes that the cups can fit into cups” is grammatically incorrect.
Claim 13 is objected to because of the following informalities:
In line 1, “that can” should be “configured to”.
In line 4, “robot” should be “robot arm”.
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.
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: a cup carrying movement mechanism, a cup holder movement mechanism, a lid closing mechanism, a cup carrying motion mechanism, a lid vertical movement mechanism in claim 1, a holder finger movement mechanism in claim 4, horizontal movement mechanism in claim 6, vertical movement mechanism in claim 7, horizontal movement mechanism in claim 9, and vertical movement mechanism in claim 10.
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.
Claims 1 – 13 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 preamble is indefinite since it recites a beverage filling robot being used by connecting with a beverage dispenser. The claim further defines what the beverage dispenser comprises, which includes a robotic arm. Is applicant claiming a combination of a beverage filling robot and beverage dispenser or a subcombination of the beverage filling robot?
Note: For Examination purposes the claim will be treated as a combination robotic arm and beverage dispenser.
Regarding claim 1, line 13, “a cup holder that is positioned side by side on the cup holders” is unclear as to what is being defined.
Claim 1 recites the limitations:
"the cup holders" in line 13
“the lids” in line 16. There is insufficient antecedent basis for this limitation in the claim.
“the serial rotary joints”, lines 31 and 32.
“the motors connected to the movement mechanisms”, lines 70 and 71.
“all the sensors”, line 71.
There is insufficient antecedent basis for these limitations in the claim.
Regarding claim 1, lines 31 – 42, “it” and “its” is indefinite since a defined structure can’t be discerned.
Claim 11, recites the limitation “the motor inside”, line 3. There is insufficient antecedent basis for these limitations in the claim.
Claim 12, recites the limitation “the two pneumatic lines” and “the electrical signal”, line 2. There is insufficient antecedent basis for these limitations in the claim.
Regarding claims 12 and 13, “it” is indefinite since a defined structure can’t be discerned.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Wach et al. (12297093) reference discloses an automated beverage dispenser with cup dispensers, ice dispenser, lidding units and conveyor (see Figure 1A).
The Dirik et al. (2025/0011153) reference discloses an automated beverage dispensing system having a robotic arm unit (60; Fig. 14).
The Wang et al. (CN 112794271) reference discloses an automated beverage dispenser having a robotic arm to place a cup in various positions within the beverage system (Figure 3).
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/TIMOTHY L MAUST/Primary Examiner, Art Unit 3753