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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/796,551, filed on 07/29/2022.
Response to Arguments
Applicant's arguments filed 07/09/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the Applicant’s cutter is intentionally positioned inwardly from the edge of the pedestal so that the cutter can interact with the discharged composition) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further delineation is required in the body of the claims adequate delineated the claimed invention from the prior art of record.
Further Applicant argues that the cutters of Engles are not formed at the edge as now required by the claims but instead at a rim. However, a rim is an edge as Merriam Webster defines a rim being an upper or outer edge of an object, typically something circular or approximately circular. Further, the inner region of the pedestal has not been defined and Engles clearly shows cutters within an inner region of the pedestal as depicted in Fig. 8 with the cutter disposed in an inner section of the pedestal away from the exterior of the device. Further delineation is required in the body of the claims adequate delineated the claimed invention from the prior art of record.
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.
Claim(s) 1-6, 8, 10-12, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petrus Engels (US 2005/0087545 A1 herein after Engels).
Re: Claim 1, Engel discloses the claimed invention including dispenser comprising:
a housing (6) (Fig. 1);
a plurality of cartridges (4) disposed inside the housing (Figs. 2 and 12);
a mounting body (2) to which the plurality of cartridges are mounted to be replaceable (Figs. 7 and 10);
a main motor that is configured to rotate the mounting body (Para. 49, motor for rotating);
an elevating body (19) that is configured to move up and down so that a composition is discharged from any one of the plurality of cartridges (Fig. 2, Para. 46, elevating body); and
at least one pedestal (45, 47) configured to receive the composition discharged from the cartridge of the plurality of cartridges (Depicted in Figs. 8-9),
at least one cutter (46, 48) protruding upward from an inner region of an edge of the at least one pedestal (Depicted in Figs. 8-9),
Re: Claim 2, Engel discloses the claimed invention including the at least one cutter is inclined toward a direction of rotation of the cartridge or a direction opposite to the direction of rotation of the cartridge (Fig. 8-9 depicts inclined cutters).
Re: Claim 3, Engel discloses the claimed invention including the at least one cutter includes a plurality of the cutters (46, 48), each of the plurality of cutters being inclined at an angle that is the same or different (Depicted in Figs. 8-9).
Re: Claim 4, Engel discloses the claimed invention including an upper end of the cutter is formed at the same height or lower than an outlet of the cartridge (Depicted in Figs. 8-9 lower).
Re: Claim 5, Engel discloses the claimed invention including the at least one cutter includes a plurality of cutters disposed at different heights (Depicted in Figs. 8-9, cutters of different heights).
Re: Claim 6, Engel discloses the claimed invention including wherein each of the plurality of cartridges includes:
a container in which the composition is configured to be accommodated and
an actuator (20) configured to discharge the composition accommodated in the container, the actuator including a discharge body having an outlet through which the composition accommodated in the container is configured to move to an outside and an operating body (21) configured to open the outlet according to a pressure (Para. 47, actuator and discharge body with operating body for opening an outlet).
Re: Claim 8, Engel discloses the claimed invention including the mounting body includes a plurality of mounting holes (26, 28, 30) in which lower portions of each of the plurality of cartridges are accommodated (Depicted in Figs. 3-4).
Re: Claim 10, Engel discloses the claimed invention including the mounting body includes a plurality of fixing members (15) configured to fix each of the plurality of cartridges, and wherein an upper portion (at 31) of each of the plurality of cartridges is fixed by the plurality of fixing members (Fig. 4).
Re: Claim 11, Engel discloses the claimed invention including an accommodating body (49) in which a basket (12) in which the composition discharged from the plurality of cartridges is configured to be accommodated (Fig. 2, 7), wherein the accommodating body is detachable from the housing (Para. 66, can be removed).
Re: Claim 12, Engel discloses the claimed invention including the accommodating body includes a plate (12) on which the basket is seated (Fig. 2), and the plate including a connection member that is in contact with a weight sensor when the accommodating body is disposed in the housing is formed on the plate (Para. 57-58, plate has a weight sensor).
Re: Claim 15, Engel discloses the claimed invention including wherein the at least one pedestal includes a plurality of pedestals (45, 47) configured to receive the composition discharged from the plurality of cartridges and disposed under the plurality of cartridges (Figs. 8-9, Para. 66, plurality of pedestals).
Re: Claim 16, Engel discloses the claimed invention including the at least one cutter (46, 48) protruding upward is formed on at least one of the plurality of pedestals (Figs. 8-9, Para. 66, plurality of cutters).
Re: Claim 17, Engel discloses the claimed invention including an upper end of the at least one cutter is formed at the same height or lower than an outlet of the cartridge (Depicted in Figs. 8-9 lower).
Re: Claim 18, Engel discloses the claimed invention including the at least one cutter includes a plurality of cutters having different heights (Depicted in Fig. 9 different heights).
Re: Claim 19, Engel discloses the claimed invention including the at least one cutter is inclined toward a direction of rotation of the cartridge or a direction opposite to the direction of rotation of the cartridge (Fig. 8-9 depicts inclined cutters).
Re: Claim 20, Engel discloses the claimed invention including the at least one cutter includes a plurality of cutters (46, 48), the plurality of cutters being inclined at angle that is the same or different (Depicted in Figs. 8-9).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrus Engels (US 2005/0087545 A1 herein after Engels) as applied to claim 1 above, and further in view of Driessen et al. (US 2007/0084520 A1).
Re: Claim 7, Engel discloses the claimed invention including an elevating motor installed on a main body (80) supporting the mounting body, wherein the elevating body is connected to a side surface of the elevating actuator (Para. 46, actuator for automatic movement) except for expressly stating the actuator is a motor. However, Driessen teaches a motor for operating an elevating body (Para. 137, motor moving the elevating body).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a motor as taught by Driessen, since Driessen states in para 21 that such a modification allows the device to calculate the amount dispensed based on the number of steps for the stepper motor.
Claim(s) 9, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrus Engels (US 2005/0087545 A1 herein after Engels) as applied to claim 5 & 8 above, and further in view of Thompson (US Patent No. 2,660,351).
Re: Claim 9, Engels discloses the claimed invention including except for a rubber ring disposed in each of the plurality of mounting holes. However, Thompson teaches rubber rings (81) in mounting holes (Col. 7, lines 1-5, rubber rings in mounting holes).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include rubber rings as taught by Thompson, since such a modification would provide a secure fit thus preventing leaks and vibration there between ensuring proper working conditions.
Re: Claim 13-14, Engels discloses the claimed invention including the accommodating body includes a base, the base including a connection member (Para. 58, connection member from the weighing plate passes through the accommodating body and into device to connect to the controller in the door) except for expressly teaching a connection hole with a protrusion. However, Thompson teaches a connection hole (138) (through which a connection member may pass) is formed in a base of the accommodating body (142), the accommodating body (142) with a base having a protrusion (135) protruding upward from the base and formed around the connection hole (Fig. 12, Col. 10, lines 45-60, protrusions).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include protrusion as taught by Thompson, since Thompson states in column 10, lines 50-51 that such a modification provides support and positioning assistance, and further the court held that the configuration of the claimed feature was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed feature was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
THIS ACTION IS MADE FINAL. 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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
