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 .
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
2. 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.
3. 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: “first motorized means”, “second motorized means”, “cam driving means”.
The means are further structurally limited by “a single common electric motor” and “first and second one-way angular motion transmission assemblies”.
The first motorized means is further structurally limited by “one of the first gear wheels and a second gear wheel” in claim 20.
The second motorized means is further structurally limited by “cam driving means” in claim 21, “one said fist gear wheel and a third gear wheel” in claim 22.
The “cam driving means” is further structurally limited by an eccentric cam and at least one arm in claim 23, and two of said radial lobes in claim 25.
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
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
5. Claims 14-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 recites a first motorized means and a separate second motorized means; however, the Specification does not recite sufficient structure for each motorized means. The Specification discloses a single electric motor; however, each means cannot be comprised of the same structural element.
Claim 14 recites “command and control means”; however, the Specification does not identify the structure that makes up the command and control means.
6. 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.
7. Claims 14-26 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.
Claim 14 recites a first motorized means and a separate second motorized means; however, each means cannot be comprised of the same structural element. For the purposes of this Action, the first motorized means and the second motorized means will be interpreted to be a single common electric motor.
Allowable Subject Matter
8. Claims 14-26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Sirbu Villa (USP 11,904,488) discloses A stir stick forming assembly (1) for a stir stick dispenser of a beverage vending machine (1A); the stir stick forming assembly comprising:
a mounting frame to allow the stir stick forming assembly to be mounted to a fixed body (fig.1);
an inlet passage (8) for a tape (3);
an outlet (7) opening for the stir sticks;
a tape feeding member (13) to feed the tape to the outlet opening;
a tape cutting member (6) to transversally cut the tape;
a motorized means (16) to drive the tape feeding member and the tape cutting member;
wherein the motorized driving means include a single common electric motor (16); and
command and control means are provided to cause the single common electric motor to rotate to operate the tape feeding member and to operate the tape cutting member (electronic control unit disclosed in at least C5/L23-26).
However, the prior art of record does not fairly disclose or suggest
The command and control means are provided to cause the single common electric motor to rotate in one direction to operate the tape feeding member and in the opposite direction to operate the tape cutting member;
wherein the first motorized means and the second motorized means are arranged symmetrically on opposite sides of a vertical laying plane where an axis of a rotating shaft of the single common electric motor lays; and
a mechanical transmission to direct a torque delivered by the single common electric motor along two parallel branches and, for each of the two parallel branches, to a respective support shaft and including, for each support shaft, a respective motion inlet bevel gear idly rotatably mounted on the respective support shaft;
wherein a first one of the support shafts is part of the first motorized means and a second one of the support shafts is part of the second motorized means; the first and second motorized means further include, respectively, first and second one-way angular motion transmission assemblies supported, respectively, by the first support shaft and by the second support shaft and configured to drive the tape feeding member when the single common electric motor is operated to rotate in one rotation direction and to drive the tape cutting member when the electric motor is operated to rotate in the opposite rotation direction.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE A. NICHOLSON III whose telephone number is (571)272-5487. The examiner can normally be reached M-F 8-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael C 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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/LESLIE A NICHOLSON III/Primary Examiner, Art Unit 3653 1/23/2026