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 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 as follows.
“at least one first money item conveying element” in Claim 1, line 2.
“at least one second money item conveying element” in Claim 1, line 3.
“a surplus money item ejection portion” in Claim 9, line 2.
“an ejection element” in Claim 14, line 2.
“a money item support surface for supporting a principal face of the primary money item” in Claim 18, line 3.
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 9-19 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 9 recites the limitation "surplus money" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the phrase “”wherein the first and second track sections are arranged to support the primary money item away from the surplus money item ejection portion of the static support section” is unclear and indefinite. There is no reference from which to determine what direction “away” is referring to. For example, is direction vertically above the ejection portion or upstream or downstream of it along the conveyor transporting direction?
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer et al (US 2015/0206368 A1) in view of Fischer et al (US 2014/0194045 A1), a.k.a., Fischer ‘045.
Regarding Claim 1, Fischer teaches
a money item conveying apparatus, i.e., coin separation device (1), as mentioned at paragraph 46 and as illustrated in figure 2, comprising:
a first track section, i.e., conveying strand (20A), as mentioned at paragraphs 47-49 and as illustrated in figure 2, for example, comprising at least one first money item conveying element, i.e., first entrainment means (23A), as illustrated in figures 1 and 2, for example;
a second track section, i.e., conveying strand (20B), as mentioned at paragraphs 47-49 and as illustrated in figure 2, for example, comprising at least one second money item conveying element, i.e., second entrainment means (23B), as illustrated in figures 1 and 2; and
a static support section, implied by the ramp (24), ejecting devices (25, 251, 270-272) and sensor (25), which are supported by a structure between the two conveying strands, for example, located between the first track section (20A) and the second track section (20B),
wherein the first track section (20A) and the second track section (20B) are configured to move together relative to the static support section to convey a primary money item, i.e., coin (M), as illustrated in figure 2, for example, in contact with the at least one first money item conveying element (23A) and the at least one second money item conveying element (23B) over the static support section, as illustrated in figures 1 and 2, for example.
Regarding Claim 1, Fischer does not expressly teach a static support section.
Regarding Claim 1, Fischer does not expressly teach, but Fischer ‘045 teaches a static support section, i.e., sliding bar (12), as illustrated in figures 1 and 2 and as mentioned at paragraphs 30, 32 and 35, for example.
Regarding Claim 1, before the effective filing date, it would have been obvious to one of ordinary skill in the art to have provided a static support section, as taught by Fischer ‘045, in Fischer’s money item conveying apparatus for the purpose of providing proper support for the both the coins being moved by the conveyor strands as well as to support any ejectors as well as sensors situated in between the conveyor strands (20A, 20B).
Regarding Claim 2, Fischer teaches
wherein the at least one first money item conveying element (23A) and the at least one second money item conveying element (23B) are configured to stably locate the primary money item (M) in a centre-justified position over the static support section during movement of the first and second track sections (20A, 20B), as illustrated in figures 1 and 2.
Regarding Claim 3, Fischer teaches
wherein the at least one first money item conveying element (23A) and the at least one second money item conveying element (23B) are configured to stably locate the primary money item (M) in a position which at least partially overlaps the static support section, the first track section (20A) and the second track section (20A), as illustrated in figures 1 and 2.
Regarding Claim 4, Fischer teaches
further comprising at least one money item sensor (25), inductive sensor (250), testing device (26), sensor devices (261, 262), checking device (28), located at least partially within the static support section, as taught by Fischer ‘045, as illustrated in Fischer figure 2 and as mentioned at paragraphs 21, 37, 52, 58 and 70, for example.
Regarding Claim 5, Fischer teaches
wherein the static support section, as taught by Fischer ‘045, comprises at least one aperture in which the at least one money item sensor (25, 250, 27, 28) is at least partially located, as illustrated in Fischer figures 1 and 2, noting that these sensors are located in the static structure between conveyor strands (20A, 20B) and that they are shown to extend into the static structure away from the coin supporting surface, indicating an aperture that is receiving these sensors, as seen in figures 1 and 2, as follows.
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Regarding Claim 6, Fischer teaches
wherein the at least one money item sensor, i.e., sensors (261, 262), as mentioned in paragraph 58, is configured to determine physical and/or geometric characteristics of the primary money item (M). See also paragraphs 21, 22, 37, 58 and 59, which state as follows.
[0021] A coin type within the framework of this text is to be understood as the denomination of a coin in a certain currency. For example, the Euro currency has the coin types "1 Euro coin", "2 Euro coin", "50 cent coin", "10 cent coin" etc. In dependence on its coin type a coin comprises a predetermined nominal size, predetermined electric characteristics and a predetermined nominal weight. The coin type of a coin is recognized by the testing device which comprises, for example, an optical sensor device for detecting the geometric dimensions of the coin and/or an electromagnetic sensor device for detecting electrical characteristics of the coin.
[0022] The testing device comprises, for example, an evaluation and storage device in which data of different coin types is stored in currency data sets. A coin can be assigned to a coin type by comparing measured, detected characteristics of a coin with data of a previously stored currency data set.
[0037] The testing device preferably comprises a sensor device which detects geometric and/or electric characteristics of the coin in order to determine the coin type of the coin by way of the geometric and/or electric characteristics. To this end, the testing device comprises, for example, an evaluation and storage device in which at least one currency data set with data of different coin types of a coinage is stored. The evaluation and storage device compares data on the coin detected by means of the sensor device with previously stored data of the at least one currency data set and by way of the comparison assigns the coin to a coin type of the currency data set. If the coin can obviously be assigned to a coin type and if consequently the coin type of the coin is identified, the acceleration device can be actuated in dependence on the coin type in order to accelerate the coin in a suitable manner in dependence on the coin type and as a result to convey it from the conveying section toward the coin collecting device.
[0058] The actuation of the acceleration element 291 of the acceleration device 29 is effected by the testing device 26 in this connection in a controlled manner in dependence on the coin type of a coin M conveyed on the conveying section 200. The coin type of a coin M is detected by the testing device 26 which comprises sensor devices 261, 262 and an evaluation and storage device 260 for this purpose. The geometric dimensions of a coin M can be detected in an optical manner by means of the sensor devices 261, 262, and, for example, using suitable electromagnetic cores, electric characteristics of the coin M can be determined. One or more currency data sets, in which data on coin types of one or several currencies are contained, are stored in the evaluation and storage device 260. By comparing data measured by means of the sensor devices 261, 262 with the data stored in the evaluation and storage device 260, a coin M can then be assigned to a coin type which is deposited in a currency data set such that a coin can be recognized, for example, as a "1 Euro coin", "2 Euro coin" or the like.
[0059] In dependence on its coin type, a coin comprises predetermined nominal physical characteristics, in particular a predetermined nominal weight (a 1 Euro coin comprises, for example, a predetermined nominal weight, from which the real weight of the 1 Euro coin will only deviate in a negligible manner). Such physical characteristics, in particular the weight and the size, are also stored in the associated currency data set such that by identifying the coin type of the coin M in particular its weight and size are also known.
Emphasis provided.
Regarding Claim 7, Fischer teaches wherein the at least one money item sensor (261, 262) is configured to determine electromagnetic characteristics of the primary money item (M), as mentioned at paragraphs 21, 22, 37, 58 and 59.
Regarding Claim 8, Fischer teaches
wherein the static support section comprises a first mating region, i.e., its left side, arranged to cooperate with a corresponding mating region of the first track section (20A); and
wherein the static support section comprises a second mating region, i.e., the right side, arranged to cooperate with a corresponding mating region of the second track section (20B), noting that the center located static support section implied by Fischer and as taught by Fischer ‘045.
Regarding Claim 9, Fischer teaches
wherein the static support section comprises a surplus money item ejection portion, i.e., ramp (24) and ejecting device (25), as illustrated in figures 1 and 2, which is configured to direct a surplus money item (M) away from the static support section and off the money item conveying apparatus (1), as mentioned at paragraphs 51-53, for example.
Regarding Claim 10, Fischer teaches
wherein the surplus money item ejection portion (24, 25) comprises a recessed region of the static support section, i.e,. the apertures shown in figure 1 for sensor (150) of sensor (25) and ejector (251), or the region between the first and second entrainment means (23A, 23B), as illustrated in figures 1 and 2, into which the surplus money item (M) is conveyed to be directed off the money item conveying apparatus (1), i.e., as the item is removed by the ejector (251), as mentioned at paragraphs 51-53, for example.
Regarding Claim 11, Fischer teaches
wherein the surplus money item (M) is conveyed into the recessed region of the static support section (see rejection of Claim 10) by at least partial abutment between a rearward edge of the surplus money item (M) and a forward edge of the primary money item (M) as the first and second track sections (20A, 20B) move together relative to the static support section, as shown in figures 1 and 2 of Fischer and in figures 1 and 2 of Fisher ‘045, for example.
Regarding Claim 12, Fischer does not expressly teach
wherein the surplus money item is located directly forward of the primary money item in a direction of movement of the first and second track sections.
Regarding Claim 12, Fischer does not expressly teach, but Fischer ‘045 teaches
wherein the surplus money item (M) is located directly forward of the primary money item (M) in a direction of movement, i.e., the conveying direction (8), as illustrated in figures 1 and 2 and as mentioned at paragraphs 29 and 30, of the first and second track sections, i.e., pulling means (7), as mentioned in paragraphs 29 and 30.
Regarding Claim 13, Fischer teaches
wherein the surplus money item ejection portion (24, 25) is arranged to physically interact with the surplus money item (M) to direct the surplus money item (M) off the conveying apparatus (1), as mentioned at paragraph 51, for example.
Regarding Claim 14, Fischer teaches
wherein the surplus money item ejection portion (24, 25) comprises an ejection element (25, 251) which traverses a width of the static support section, at a non-perpendicular angle relative to a direction of movement (F), as illustrated in figures 1 and 2, of the first and second track sections (20A, 20B), as mentioned at paragraph 51, for example.
Regarding Claim 15, Fischer teaches
wherein surplus money items (M) are forced against the ejection element (25, 251) by forward movement of the first and second track sections (20A, 20B), as mentioned at paragraph 51, for example.
Regarding Claim 16, Fischer does not expressly teach
wherein at least partial abutment between a rearward edge of the surplus money item and a forward edge of the primary money item pushes the surplus money item against the ejection element.
Regarding Claim 16, Fischer does not expressly teach, but Fischer ‘045 teaches
wherein at least partial abutment between a rearward edge of the surplus money item, i.e., the smaller coin (1), and a forward edge of the primary money item, i.e., the larger coin (1), pushes the surplus money item (1) against the ejection element, i.e. returner (17), as mentioned at paragraph 33 and as illustrated in figures 1 and 2, for example.
Regarding Claim 17, Fischer does not expressly teach
wherein the first and second track sections are arranged to support the primary money item away from the surplus money item ejection portion of the static support section.
Regarding Claim 17, Fischer does not expressly teach, but Fischer ‘045 teaches
wherein the first and second track sections (7) are arranged to support the primary money item away from the surplus money item ejection portion, i.e., returner (17), as mentioned at paragraph 33, of the static support section (12), as illustrated in figures 1 and 2 of Fischer ‘045, as follows.
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Note that the ramp separates the surplus coin vertically from the sliding bar (12) as well as the ejection pin/ejector/returner (17). See figures 1 and 2, above, as well as paragraphs 32 and 33 of Fischer ‘045 which states as follows.
[0032] The shearing device 13 serves for separating coins 1 lying axially above one another in the coin receptacles 10. The shearing device 13 is constituted by a run-on ramp 15 assigned to the sliding bar 12. The run-on ramp 15 is designed to protrude as against the sliding bar 12, wherein a height of the run-on ramp 15 raising in the conveying direction 8 is smaller than the projection of the driving pins 11 beyond the sliding bar 12 and greater than the difference between the projection of the driving pins and the smallest predefined coin thickness. Consequently, when conveying the coins 1 over the run-on ramp 15, a coin 1 immediately abutting on the sliding bar 12 is held safely by driving pins 11 in the coin receptacle 10 and conveyed in the conveying direction 8 also in the region of the run-on ramp 15. If, however in the same coin receptacle 10, a second coin 1 lies axially above the first coin 1, it may no longer be radially supported by the driving pins 11 in the region of the run-on ramp 15 so that consequently it is transported back into the storage container in a direction opposite to the conveying direction 8.
[0033] As seen in the conveying direction 8, the return device 14 is arranged downstream of the shearing device 13. The substantial parts of the return device 14 are a signal generator 16 and a returner 17 arranged downstream of the signal generator 16. The signal generator 16 serves to detect the extension of the coins 1, which are conveyed in the coin receptacle 10, in the conveying direction 8. If the extension of the coins 1 in the conveying direction 8 is greater than the maximum coin diameter, it can be concluded that, as seen in the conveying direction 8, in one single coin receptacle 10 two or more coins 1 are arranged in series. In this case, the surplus coins 1 conveyed are returned back into the storage container from the coin receptacles 10 by means of the returner 17.
Emphasis provided.
Allowable Subject Matter
Claims 18 and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shibata ‘564 is cited as teaching a coin conveyor (1b) of coin validation apparatus (1a), with left conveyor belt (22L) and right conveyor belt (22R) with conveying members (23), as mentioned at paragraph 45, that move coins over support surface/conveying base portion (27), as mentioned at paragraph 58, for example.
Watson ‘385 teaches a coin conveyor that hold/support coin (10) laterally by links with pins (14) and vertically by coin surface (13), as illustrated in figures 1a and 3.
Bell ‘200 is cited as teaching coin conveyor (17), as illustrated in figure 3 and with coin lugs (28-1, 28-2) as illustrated in figure 8, for example.
Machida ‘016 is cited as teaching a coin conveyor (1) as illustrated in figures 1 and 2, with coin positioning members (3) that move coins in the direction of (A).
Shibata ‘014 and ‘015 is cited as teaching guiding member (30) that diverts a coin as mentioned at paragraphs 73-75, and temporary retaining mechanism (33) as mentioned at paragraph 62 and figures 23a and 23b, as well as carrier guide (92) as mentioned at paragraphs 150-152 and as illustrated in figure 37, and passage regulating member (192) as illustrated in figures 39 and 40 and as mentioned at paragraphs 154-158 , for example.
Mulvey ‘569 is cited as teaching coin conveyor (4) as illustrated in figures 9-12 and 20, for example.
Dolman ‘171 is cited as teaching a coin conveyor as illustrated in figures 1-6, for example.
Blythin ‘384 is cited as teaching a coin conveyor (4) with belt links as illustrated in figures 1-8, for example.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY ALAN SHAPIRO whose telephone number is (571)272-6943. The examiner can normally be reached Monday-Friday generally between 8:30AM and 6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Y Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY A SHAPIRO/Primary Examiner, Art Unit 3619
September 30, 2026
