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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 5/26/2026 is acknowledged.
In the reply, applicant indicates that claims 19, 24-25, 28-29, 34-35, 37-40, 47, and 49 are withdrawn from further consideration as being drawn to the non-elected invention. Claims 1-3, 7-10 are pending.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schroeder et al (US 6,568,565), hereinafter Schroeder.
Regarding claim 1, Schroeder teaches a condiment dispenser (300, Fig 1) comprising: a plurality of condiment receptacles (306), each condiment receptacle for receiving a condiment pouch (312), each condiment receptacle being individually removable from the condiment dispenser (Col 8, Ln 14-33); a plurality of dispensing openings (224, Fig 1); a plurality of pumping systems (110 & 220), each pumping system including a pump (220) positioned in and corresponding to one of the plurality of condiment receptacles (Col 4, Ln 65-67), each pumping system configured to pump condiment from the condiment pouch of the corresponding condiment receptacle through a corresponding dispensing opening of the plurality of dispensing openings (Col 4, Ln 23-27); and a user interface configured to receive user input including a condiment selection causing a pumping system of the plurality of pumping systems corresponding to the condiment selection to pump condiment through the corresponding dispensing opening (Col 7, Ln 58-67 to Col 8, Ln 1-13).
Schroeder further teaches in claim 7 wherein the plurality of condiment receptacles each include a locking mechanism (135, Fig 3) the locking mechanism configured to latch (via 118) to a portion of a frame (130; Col 6, Ln 5-8);
in claim 8 wherein each pumping system includes a motor (157), the motor configured to drive a respective pump to move condiment from the condiment pouch of the corresponding condiment receptacle toward the corresponding dispensing opening (Col 7, Ln 66-67 to Col 8 Ln 1-3);
in claim 9 wherein the plurality of condiment receptacles are removably attachable to a frame for the condiment dispenser, wherein attaching the condiment receptacle to the frame operably couples the pump to the motor (Col 7, Ln 33-57 to Col 8 Ln 14-33); and
in claim 10 wherein the motor is operable to rotate a drive shaft (154, Fig 3) removably connectable (via 152) to a drive portion of the respective pump, the drive shaft biased toward the drive portion of the respective pump to aid in connecting the drive haft to the drive portion as the condiment receptacle including the respective pump is attached to the frame (Col 7, Ln 11-32).
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.
Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder, in view of Bertness et al (US 10,947,106), hereinafter Bertness.
Regarding claims 2-3, Schroeder is silent wherein the plurality of condiment receptacles are positioned at a plurality of vertically separated levels and wherein at least one of the plurality of vertically separated level is displaced horizontally relative to another vertically separated level.
Attention is directed to Bertness that teaches in claim 2 wherein the plurality of condiment receptacles (40 & 42) are positioned at a plurality of vertically separated levels (as shown in Fig 1) and in claim 3 wherein at least one of the plurality of vertically separated level is displaced horizontally relative to another vertically separated level (as shown in Fig 1, a plurality of condiment receptacles 40 are displaced horizontally relative to another).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position a plurality of condiment receptacles next to each other and/or stack them in more than 1 levels, in view of Bertness' teaching. Positioning receptacles next to each other horizontally and stacking them vertically saves on space required inside the dispensing machine.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2026/0191364 to Nielsen et al is directed to the state of the art as a relevant teaching of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER C CHIANG whose telephone number is (571)270-5613. The examiner can normally be reached Mon-Fri 10 AM- 6 PM EST.
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, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER C CHIANG/Primary Examiner, Art Unit 3754
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