Final Rejection
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
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed applications, Application No. 61/815,045; 14/259,621 and 15/629,890 fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. In specific, the structure of the RFID antenna and RFID reader as claimed, is not disclosed in the prior-filed applications.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the limitations “said chassis, and a chassis release bar pivotably mounted on the interior of said chassis and engaging a mounting nut affixed to said interior of said refrigerator cabinet, wherein said chassis is removable from said refrigerator cabinet” as recited in claim 1 line 4 must be shown or the feature(s) canceled from the claim(s). Currently, chassis release bar is indicated by member 1230 in Figure 12 and the mounting nut as member 104 in Figure 4 however the claimed limitations are not shown.
Therefore, the limitations “radio-frequency Identification (RFID) reader” as recited in claim 1 line 16 must be shown or the feature(s) canceled from the claim(s). No RFID reader is shown on the claimed chassis 300, the reader is disposed on the back of structure of Figure 22 and not the open-front storage box member 500.
Therefore, the limitations “a planar RFID antenna positioned within at least one of said side wall panels and said floor wall panel” as recited in claim 1 line 17-18 must be shown or the feature(s) canceled from the claim(s). Currently open storage box 500 does not show a planar RFID antenna placed in the floor wall panel or the side wall of the panel.
Therefore, the limitations “modular unit” as recited in claim 1 line 21 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “movable latches” as recited in claim 5 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “each said side rail having a ridge on said side rail configured to engage one of said latches” as recited in claim 6 line 6 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “wherein said storage box is slidable onto said first shelf over least some of said slots” as recited in claim 7 line 1-2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “further comprising sensors configured to detect dispensing of product units from one of said dispensing cartridges” as recited in claim 8 line 2-3 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “wherein said sensors are configured to detect dispensing of product units from one of said dispensing cartridges upon opening of said dispensing drawer on said one of said dispensing cartridges to a fully open position” as recited in claim 9 line 1-4 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “wherein said at least one RFID antenna further comprises a first planar RFID antenna positioned within one of said side wall panels, and a second planar RFID antenna positioned within said floor wall panel” as recited in claim 11 line 1-3 must be shown or the feature(s) canceled from the claim(s).
Therefore, the limitations “further comprising a plurality of removable shelves extending between said side wall panels” as recited in claim 13 line 1-2 must be shown or the feature(s) canceled from the claim(s). Only a first and a second shelf is shown not a further plurality of shelves.
Therefore, the limitations “wherein said RFID reader is mounted to an exterior of said back wall panel of said storage box” as recited in claim 14 line 1-2 must be shown or the feature(s) canceled from the claim(s). Only a first and a second shelf is shown not a further plurality of shelves.
Therefore, the limitations “wherein said chassis release bar is spring biased toward engagement with said mounting nut” as recited in claim 1 line 1-2 must be shown or the feature(s) canceled from the claim(s). Only a first and a second shelf is shown not a further plurality of shelves.
No new matter should be entered.
The drawings are objected to because the drawing Figures 3A and 19-22 comprise poorly written element numbers of the disclosed structure wherein the element numbers of the invention are difficult to visualize and discern. It is suggested the applicant provide drawings with the grayscale shading removed and all structural element numbers clearly distinguishable. Appropriate action is required.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 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 1 recites the limitations “a chassis release bar pivotably mounted on the interior of said chassis and engaging a mounting nut affixed to said interior of said refrigerator cabinet, wherein said chassis is removable from said refrigerator cabinet” as recited in claim 1 line 4. It is unclear as to how the connection can be made when the two members, chassis release bar (1230) and the mounting nut (104) are not disposed adjacent to each other to initiate contact as recited in the claim. The limitations are indefinite for failing to particularly point out and distinctly claim the subject matter of the inventor. Appropriate clarification is required.
Claim 5 recites the limitation "said latches" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitations “comprising a door panel slidably mounted to an exterior of said top wall panel of said storage box in line 1-2. It is unclear as how the Applicant describes the rotation of the door as “slidably mounted” when it is shown to be pivotably mounted. Appropriate clarification is required.
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 ,2,11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Dearing (US 7,791,479) in view of Thomas (US 8,502,645) and further in view of Greenwald (US 20050088069 A1).
Referring to claims 1 and 11. Dearing discloses a refrigerated storage and dispensing unit (Figure 6; Col. 8 lines 2-3), comprising:
a refrigerator cabinet (230; Figure 6);
a chassis (interior housing shell of 230) positioned on an interior of said refrigerator cabinet (230) having walls (wall of interior housing shell of 230) defining an open cavity (interior volume defined by the interior housing shell of 230) on an interior of said chassis (interior housing shell of 230);
at least one shelf (238 as shown in Figure 6) affixed to said walls of said chassis (interior housing shell of 230) within said open cavity (open cavity of interior housing shell of 230); and
an open-front storage box (240) removably positioned on said at least one shelf (238 as shown in Figure 6) and
comprising:
a back wall panel (284);
two side wall panels (286 and 288);
a floor wall panel (282); and
a top wall panel (280);
said back wall panel (284), two side wall panels (286 and 288), floor wall panel (282) and top wall panel (280) defining an open interior space (interior volume of 240) accessible through a front of said open-front box (interior is accessible through the front of 240; Figure 9),
a Radio-Frequency Identification (RFID) reader (256); and
a planar RFID antenna (262) positioned within at least one of said side wall panels (wall of door) and said floor wall panel (wall of door);
wherein said RFID antenna (262) and said RFID reader (262) are configured to read RFID tags (tags 272; Figure 13) on products (products 270; Figure 13) positioned within said open interior space (240, when door 236 is closed).
wherein said open-front storage box (240) comprises a modular unit (242) configured for insertion into and removal from said chassis (interior housing shell of 230).
Dearing does not disclose the open-front storage box as comprising RFID antenna positioned within said floor wall panel.
Thomas discloses a RFID monitoring system (Figure 1) wherein a planar RFID antenna (34a; Figure 2) is disposed in the floor wall panel (22; Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing to have included comprising RFID antenna positioned within said floor wall panel as taught by Thomas because the RFID antennas disposed on the floor of the open-front storage box would provide an improved coverage of detection of articles within the open-front storage box thus reducing detection null spots in the housing wherein the reader is unable to detect stored products.
Dearing in view of Thomas do not disclose a chassis release bar pivotably mounted on the interior of said chassis and engaging a mounting nut affixed to said interior of said refrigerator cabinet, wherein said chassis is removable from said refrigerator cabinet.
Greenwald discloses a dispenser (30; Figure 1) comprising a chassis (39; Figure 13) wherein a chassis release bar (including member 84 and 86; figure 13) pivotably mounted on the interior of said chassis (see Figure 13) and engaging a mounting nut (143) affixed to said interior of said refrigerator cabinet (30; Figure 1), wherein said chassis (39) is removable from said refrigerator cabinet (30; Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing in view of Thomas to have included a chassis release bar pivotably mounted on the interior of said chassis and engaging a mounting nut affixed to said interior of said refrigerator cabinet, wherein said chassis is removable from said refrigerator cabinet as taught by Greenwald because the chassis would physically be retained within the housing cabinet thus preventing inadvertent release.
Referring to claim 2. Dearing discloses a refrigerated storage and dispensing unit (Figure 6; Col. 8 lines 2-3), comprising:
a second shelf (shelf 238; Figure 6) affixed to said walls of said chassis (interior housing shell of 230) within said open cavity (interior of 230); and
a plurality of product dispensing cartridges (242) removably positioned on said second shelf (shelf 238; Figure 6), each said product dispensing cartridge (242) further comprising a vertical housing (vertical space between separators 302) holding a plurality of product units (270; Figure 9) and a dispensing drawer (drawer of 242 with handle 300) configured for horizontal movement out of said housing (vertical space between separators 302), wherein each said product dispensing cartridge (242) is configured to sequentially dispense a
single one of said product units (270) upon each horizontal extension (length of 242 as seen in Figure 9) of said dispensing drawer (drawer of 242 with handle 300) from a fully closed position to a fully open position (closed position when the cartridge 242 as shown in Figure 6 open position when the cartridge 242 removed as in Figure 9).
Referring to claims 14. Dearing in view of Thomas discloses a RFID reader (256) mounted front panel of said storage box.
Dearing in view of Thomas does not disclose wherein said RFID reader is mounted to an exterior of said back wall panel of said storage box.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have moved the RFID reader as being mounted to an exterior of said back wall panel of said storage box as opposed to the front wall, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Claims 3,4,8,9,15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dearing (US 7,791,479) in view of Thomas (US 8,502,645) in view of Greenwald (US 20050088069 A1) in view of Broeren (US 2,277,815).
Referring to claim 3. Dearing in view of Thomas and Greenwald do not disclose each of said first and second shelves further comprising cartridge guide tabs extending upward from each of said first shelf and defining a plurality of slots, wherein each said slot is sized to receive one of said product dispensing shelves.
Broeren discloses a vending apparatus (10; Figure 1) wherein a first and second shelves (4; Figure 9) further comprising cartridge guide tabs (53; Figure 12) extending upward from the shelf (4) and defining a plurality of slots (space in between members 53), wherein each said slot (space in between members 53) is configured to receive one of said product dispensing shelves (11; see Figure 9).
It would have been further obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing in view of Thomas and Greenwald to have included each of the first and second shelves further comprising cartridge guide tabs extending upward from each of the first shelf and the second shelf and defining a plurality of slots, wherein each the slots are configured to receive one of product dispensing shelves as taught by Broeren because the cartridges can be maintained in a transverse direction to the interior of the housing thereby helping the cartridges ride the guide tabs as they are pushed into the slots thus assuring the cartridges are moved smoothly during insertion and removal.
Referring to claim 4. Broeren discloses a vending apparatus (10; Figure 1) wherein a shelf (4; Figure 9) further comprising
wherein an exterior face of said floor wall panel (top face of 28; Figure 9) is positioned above at least some of said guide tabs on said first shelf (53; Figure 12)(claimed subject matter not shown as claimed, see drawing objection above).
Referring to claims 8 and 9. Dearing discloses a refrigerated storage and dispensing unit (Figure 6; Col. 8 lines 2-3), comprising:
a control compartment (compartment configured to house controller 256; Figure 6) and each of said first and second shelves (shelves 238 ; Figure 6) further comprising sensors (262) configured to detect dispensing of product units (removal of product) from one of said dispensing cartridges (242), wherein said control compartment (compartment configured to house controller 256; Figure 6) is in data communication (through electromagmatic spectrum) with said sensors (262) and said RFID reader (256) to monitor product inventory within said open-front storage box (240) and said product dispensing cartridges (242).
Referring to claim 15. Dearing discloses a refrigerated storage and dispensing unit (Figure 6; Col. 8 lines 2-3), comprising a door panel (236; Figure 6) slidably mounted to an exterior of said top wall panel (at edge adjacent 232; not shown in Applicant’s drawings) of said storage box, and pivotable over a front of said storage box (see Figure 6).
Referring to claim 16. Dearing discloses a refrigerated storage and dispensing unit (Figure 6; Col. 8 lines 2-3), wherein said chassis (interior housing shell of 230) is removable (can be disassembled) from said refrigerator cabinet (230; Figure 6).
Claim 7 are rejected under 35 U.S.C. 103 as being unpatentable over Dearing (US 7,791,479) in view of Thomas (US 8,502,645) in view of Greenwald (US 20050088069 A1) in view of Broeren (US 2,277,815) and further in view of Schifman (US 8,308,414).
Referring to claim 7. Dearing in view of Thomas, Broeren and Greenwald do not disclose the storage box is slidable onto said first shelf over least some of said slots.
Schifman discloses a dispensing apparatus (Figure 3) wherein said open-front storage box (44; Figure 5) is slidable onto said first shelf (102; Figure 10) over least some of said slots (100).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing in view of Thomas, Broeren and Greenwald to have included the storage box as being slidable onto the first shelf over at least some of the slots as taught by Schifman because an open-front storage box engaging slots on a shelf would allow for the open-front storage box to be slid into position without contacting the side walls of the dispenser.
Claims 12 are rejected under 35 U.S.C. 103 as being unpatentable over Dearing (US 7,791,479) in view of Thomas (US 8,502,645) in view of Greenwald (US 20050088069 A1) and further in view of Yan (CN 202063310 U).
Referring to claim 12. Dearing in view of Thomas and Greenwald do not disclose wherein said one of said side wall panels further comprises a first removable section over said first planar RFID antenna, and said floor panel further comprises a second removable section over said second planar RFID antenna.
Yan discloses a mail shipping carton wherein said one of said side wall panels further comprises a first removable section over said first planar RFID antenna, and said floor panel further comprises a second removable section over said second planar RFID antenna (RFID card slot is further provided with a detachable cover plate of clamping (not shown), that is, the cover is movable, which is convenient for taking and placing RFID card, so when the RFID card is damaged, can be changed, continuously using the turnover box; Para. [0024]),
It would have been further obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing in view of Thomas and Greenwald to have included providing removable covers for the first planar RFID antenna, and the second planar RFID antenna as taught by Yan because removable covers would provide access to damaged RFID antennas for replacement and would allow the RFID antennas to be upgraded to provide an improved sensitivity for the internal volume of the open-front storage box.
Claims 13 are rejected under 35 U.S.C. 103 as being unpatentable over Dearing (US 7,791,479) in view of Thomas (US 8,502,645) in view of Greenwald (US 20050088069 A1) in view of Yan (CN 202063310 U) and further in view of Staar (US 4,791,411).
Referring to claim 13. Dearing in view of Thomas, Greenwald and Yan do not disclose a plurality of removable shelves extending between said side wall panels.
Staar discloses a vending machine (Figure 1) comprising a plurality of removable shelves (42) extending between said side wall panels (side panels of the vending machine).
It would have been further obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing in view of Thomas, Greenwald and Yan to have included a plurality of removable shelves extending between said side wall panels as taught by Staar because the internal space of the refrigerated storage can be adjusted to accommodate the size of product to be stored thus providing an improved configuration to user’s needs.
Claims 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dearing (US 7,791,479) in view of Thomas (US 8,502,645) in view of Greenwald (US 20050088069 A1) and further in view of Yu (CN 103903340 A).
Referring to claims 19. Dearing in view of Thomas and Greenwald do not disclose wherein said back wall panel includes a plurality of perforations configured to allow airflow.
Yu disclose a vending machine cabinet (10; Figure 1) wherein a back wall panel (16) includes a plurality of perforations configured to allow airflow (perforations a left side of panel 16; Figure 1).
It would have been further obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Dearing in view of Thomas and Greenwald to have included wherein said back wall panel includes a plurality of perforations configured to allow airflow as taught by Yu because the refrigerated articles can be kept at a conditioned temperature by allowing air movement through the back wall panel perforations.
Allowable Subject Matter
Claims 5,6 and 10 would be allowable if rewritten to overcome the drawing and claim objections, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 09/29/2025 have been fully considered but they are not persuasive. See modified rejections in view of Greenwald (US 20050088069 A1) disclosing a chassis release bar pivotably mounted on the interior of said chassis and engaging a mounting nut affixed to said interior of said refrigerator cabinet, wherein said chassis is removable from said refrigerator cabinet, cited above.
Applicant drawings are objected above for omitting numerous structural elements recited in the claims but that are not present in the provided drawings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reference of Jung (US 7,315,247) disclose a plurality of RFID panels comprising RFID readers 20 and RFID antenna 21 disposed on side and rear walls of the refrigerator.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAKESH KUMAR/Primary Examiner, Art Unit 3651