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 .
Claim Objections
The following claim is objected to because of the following informalities:
There is a lack of antecedent basis for: “the reservoir“ in claim 7, line 2.
Appropriate correction is required.
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 5-6 and 16-20 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.
The term “substantially” in claims 5, 16 and 19 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant is advised to delete the term “substantially”.
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.
Claims 1-4, 7-8, 12 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tollefson (US 2014/0027471).
Regarding claim 1, Tollefson discloses a system (fig.1-9) comprising: a mounting arm (60) configured to be attached to an edifice (via 132 on 51, see fig.3); and a fluid dispenser (4) mounted to the mounting arm (via 80, 81, 83), wherein the fluid dispenser comprises: a mounting assembly (84, 88, 90); a plurality of faucets (62) attached to the mounting assembly; and a plurality of tubes (58), wherein each of the plurality of tubes is in fluid communication with one or more of the plurality of faucets (see fig.2); wherein each of the plurality of tubes is disposed within a hollow interior space defined by the mounting arm (58 in 60, see fig.2); and wherein each of the plurality of tubes is configured to provide fluid communication between the one or more of the plurality of faucets (62) and a reservoir (56) disposed within or mounted to the edifice (see fig.1).
Regarding claim 2, Tollefson discloses the edifice comprises a vehicle (see fig.1).
Regarding claim 3, Tollefson discloses a plurality of reservoirs disposed within or mounted to the edifice, wherein each of the plurality of tubes provides fluid communication between one of the plurality of faucets and one of the plurality of reservoirs (see fig.1 and fig.2 the connection of 58 to 56).
Regarding claim 4, Tollefson discloses a fastener configured to attach the mounting arm to a sidewall of the edifice, wherein the fastener enables the mounting arm to pivot about an axis defined by the fastener (via 132, 146 and 51).
Regarding claim 7, Tollefson discloses one or more reservoirs disposed within or mounted to the edifice, and wherein the reservoirs are configured to store a flavored topping for use in connection with a frozen confection (reservoir 56 and [0040]).
Regarding claim 8, Tollefson discloses one or more reservoirs disposed within or mounted to the edifice, and wherein a vertical position of the one or more reservoirs is higher than a vertical position of the fluid dispenser such that a fluid disposed within the one or more reservoirs is gravity fed through the fluid dispenser and out through one or more of the plurality of faucets (see location of 56 and 4 in fig.1-2).
Regarding claim 12, Tollefson discloses the hollow interior space of the mounting arm is sufficiently large to receive each of the plurality of tubes and to further receive a washing fluid (see [0046], extensive number of hoses 58 and reservoirs 56 can accommodate a washing fluid).
Regarding claim 16, Tollefson discloses the mounting assembly of the fluid dispenser comprises: an upper wall; a lower wall oriented substantially parallel to the upper wall; and a sidewall defining a perimeter of the mounting assembly, wherein the sidewall is substantially parallel to the upper wall and the lower wall, and wherein the sidewall is disposed in between the upper wall and the lower wall; wherein the plurality of faucets is attached to the mounting assembly at the sidewall of the mounting assembly (see shape of 84 and 88 in conjunction to 4).
Regarding claim 17, Tollefson discloses each of the plurality of tubes is at least partially disposed within an interior space defined by the upper wall, the lower wall, and the sidewall of the mounting assembly of the fluid dispenser (see fig.4).
Allowable Subject Matter
Claims 5-6, 9-11,13-15 and 18-20 are 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.
State of the Prior Arts
Regarding claim 1, the prior arts to Rupp (US 2022/0408753), Tollefson (US 2014/0027471), Timmermans (US 12,098,067), Spears (US 2006/0124664), Downey (US 2008/0179346), Guaed (US 2009/0078724) and Schmitz (US 5,921,445) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a mounting arm being attached to an edifice; and a fluid dispenser mounted to the mounting arm and having a mounting assembly; a plurality of faucets attached to the mounting assembly; and a plurality of tubes, each of the plurality of tubes is in fluid communication with one or more of the plurality of faucets and disposed within a hollow interior space defined by the mounting and to provide fluid communication between the one or more of the plurality of faucets and a reservoir disposed within or mounted to the edifice. It appears that claim 1 does not provide any inventive concept over the cited prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754