DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/2026 has been entered.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahito Yamamiya (US 2016/0247346 – hereinafter Yamamiya) in view of Frederick E. Pfleger (US 4,305,536 – hereinafter Pfleger).
Re Claim 1:
Yamamiya discloses an assembly for product support and deployment for a vending machine (1), the assembly comprising: a product chute (10) configured to receive a plurality of products (M1, M2) stacked on one another (see Fig. 9), the product chute (10) including an exit opening (134) through which a respective product (M1) of the plurality of products (M1, M2) is dispensed (see Figs. 1 and 12); a pusher (206, 310) including a pushing surface (314) configured to push the respective product (M1) being dispensed towards the exit opening (134) and an upper surface (312) (see Figs. 7 and 13); a pusher drive assembly (202, 206, 222) operatively connected with the pusher (206, 310) and configured so as to move the pusher (310) in at least two mutually perpendicular axes (see Fig. 6) (see Figs. 9-14); and a controller (30) in communication with the pusher drive assembly (202, 222, 206), the controller (30) being configured to control operation of the pusher drive assembly (202, 206, 222) such that the pusher (206, 310) pushes the respective product (M1) being dispensed towards the exit opening (134) and supports or lifts the remaining products (M2) in the chute (10) against the force of gravity prior to the respective product (M1) fully exiting the product chute (10) through the exit opening (134) (see Figs. 9-17) (see Figs. 1-17), but fails to teach wherein the pusher includes a first upper rail extending upwardly from the upper surface and a second upper rail extending upwardly from the upper surface, the first upper rail spaced from the second upper rail in a direction perpendicular to a direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening, the first upper rail and the second upper rail collectively defining a support surface configured to support remaining products of the plurality of products that remain in the chute.
Pfleger teaches wherein a pusher (14) includes a first upper rail (42, 50) extending upwardly from an upper surface and a second upper rail (42, 50) extending upwardly from the upper surface, the first upper rail (42, 50) spaced from the second upper rail (42, 50) in a direction perpendicular to a direction in which the pusher (14) travels when the pusher (14) is pushing a respective product towards an exit opening (36), the first upper rail (42, 50) and the second upper rail (42, 50) collectively defining a support surface configured to support remaining products of the plurality of products that remain in a chute (25) (see Figs. 1-4). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Yamamiya with that of Pfleger to provide an alternative pushing structure formation which would allow for pushing a single article through a dispensing opening while supporting remaining articles as known within the art, while also reducing the contact between the product to be dispensed and the pushing mechanism.
Further Re Claim 2:
Yamamiya discloses wherein the product chute (10) includes a lower opening (between 132a-132b) beneath the exit opening (134), and the pusher (206, 310) is dimensioned so as to be smaller than the lower opening (between 132a-132b) and passable through the lower opening (between 132a-132b) (see Figs. 2, 5, and 12).
Further Re Claim 3:
Yamamiya discloses wherein the controller (30) is further configured such that the pusher (206, 310) is lowered through lower opening (between 132a-132b) (see Figs. 15-16) and then retracted towards a retracted position after being lowered through lower opening (between 132a-132b) (see Figs. 16-17).
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamiya in view of Pfleger and further in view of Elton D. Engel (US 4,831,810 – hereinafter Engel).
Re Claims 11 and 12:
Yamamiya in view of Pfleger discloses the device of claim 1, but fails to teach wherein each of the upper rails includes a beveled forward end sloped from the support surface towards the pushing surface.
Engel further in view teaches wherein (an upper rail) includes a beveled forward end sloped (near 54) from a support surface towards a pushing surface (see Fig. 14). Re Claim 12: Engel further in view teaches wherein the beveled forward end surface extends from the support surface to an upper edge of the pushing surface (see Fig. 14). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Yamamiya in view of Pfleger with that of Engel to allow for an alternative structure formation, which would maintain the overlying of products within a stack, allowing the pusher to slide beneath while the lowest product is being dispensed, thus preventing, undue restrictions. Examiner further notes the combination would be capable of providing two upper rails including respective beveled forward end sloped by way of duplication of parts without involving additional inventive skill.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamiya in view of Pfleger and further in view of Chatani et al. (5,439,136 – hereinafter Chatani).
Re Claim 4:
Yamamiya in view of Pfleger discloses the device of claim 1, but fails to teach wherein the controller is further configured such that the pusher is raised after the pusher has pushed the respective product towards, but not entirely through, the exit opening, and the pusher then continues to push the respective product such that the respective product fully exits the product chute through the exit opening after the pusher has been raised.
Chatani further in view teaches wherein a controller is further configured such that a pusher (23) is raised after the pusher (23) has pushed a respective product (A) towards, but not entirely through, an exit opening (27) (see Figs. 1-2), and the pusher (23) then continues to push the respective product (A) such that the respective product (A) fully exits a product chute (1) through the exit opening (27) after the pusher (23) has been raised (see Figs. 1-2). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Yamamiya in view of Pfleger with that of Chatani to provide an alternative pushing structure capable of dispensing products while supporting remaining products and reducing pressure.
Claim(s) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamiya in view of Pfleger and further in view of Thomas E. Welsch (4,299,333 – hereinafter Welsch).
Re Claims 5-9:
Yamamiya in view of Pfleger discloses the device of claim 1, but fails to teach a chute lift door connected with the product chute and a chute lift door opener operatively connected with the pusher drive assembly.
Welsch further in view teaches a chute lift door (66) connected with a product chute (30) and a chute lift door opener (96) operatively connected with a pusher drive assembly (at 90) (see Fig. 3). Re Claim 9: Welsch teaches wherein a pushing surface (at 94) is spaced from a chute lift door opener (96 – tip) a distance greater than a maximum dimension of the respective product (3) measured parallel with the direction in which the pusher (94) is moving when pushing the respective product (3) when the pusher is in a retracted position (see Fig. 3). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Yamamiya in view of Pfleger with that of Welsch to protect the contents a chute during dispensing while also preventing unintended dispensing of products when not dispensing. Examiner notes the combination would be capable of providing wherein the chute lift door opener is connected with the pusher such that raising of the chute lift door opener results in the pusher being raised, and lowering of the chute lift door opener results in the pusher being lowered, as described in claim 7, by having the corresponding parts operate in a predictable manner. Examiner notes that Welsch pusher (94) is attached to the lift door opener (96). The combination of Yamamiya in view of Pfleger with that of Welsch would allow for a lift door opener being lifted with a pusher attached thereto, thus, raising of the chute lift door opener results in the pusher being raised, and lowering of the chute lift door opener results in the pusher being lowered.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamiya in view of Pfleger.
Re Claim 14:
Yamamiya in view of Pfleger discloses wherein the first upper rail (42, 50) is spaced from the second upper rail (42, 50) a distance D1 in the direction perpendicular to the direction in which the pusher (14) travels when the pusher (14) is pushing a respective product towards an exit opening (36), wherein a product chute (25) includes a first lateral wall (26) spaced from a second lateral wall (26) a distance D2 in the direction perpendicular to the direction in which the pusher (14) travels when the pusher (14) is pushing the respective product towards the exit opening (36) (see Figs. 1-4). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Yamamiya with that of Pfleger to provide an alternative pushing structure formation which would allow for pushing a single article through a dispensing opening while supporting remaining articles as known within the art, while also reducing the contact between the product to be dispensed and the pushing mechanism, but fails to specifically teach wherein D1 is greater than 80% of D2.
However, one of ordinary skill in the art is expected to routinely experiment with the parameters, especially when the specifics are not disclosed, so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious, before the effective filing date of the invention, through routine experimentation and optimization, for one of ordinary skill in the art to modify their invention to include the most optimum results and efficiency necessary for their particular invention since it has been held where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamiya in view of Pfleger, and further in view of Bailey et al. (4,869,813 – hereinafter Bailey).
Re Claim 15:
Yamamiya in view of Pfleger discloses the device of claim 1, but fails to teach a turret connected with the product chute, wherein the turret includes a post, and the pusher includes a recess which at least partially receives the post when the pusher is in a retracted position.
Bailey further in view teaches a turret (120) connected with a product chute (14 by way of base connection with 24), wherein the turret (120) includes a post (104), and an (arm type device) includes a recess (near 26) which at least partially receives the post (104) when the (arm type device) is in a retracted position (see Figs. 1-2). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Yamamiya in view of Pfleger with that of Bailey to allow for interaction with multiple chutes while keeping a delivery mechanism centered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12/154,406. Although the claims at issue are not identical, they are not patentably distinct from each other because they include the same subject matter.
18/958,355
US 12/154,406 B2
An assembly for product support and deployment for a vending machine, the assembly comprising: a product chute configured to receive a plurality of products stacked on one another, the product chute including an exit opening through which a respective product of the plurality of products is dispensed; a pusher including a pushing surface configured to push the respective product being dispensed towards the exit opening and an upper surface; and wherein the pusher includes a first upper rail extending upwardly from the upper surface and a second upper rail extending upwardly from the upper surface, the first upper rail spaced from the second upper rail in a direction perpendicular to a direction in which the pusher travels wherein the pusher includes a first upper rail extending upwardly from the upper surface and a second upper rail extending upwardly from the upper surface, the first upper rail spaced from the second upper rail in a direction perpendicular to a direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening, the first upper rail and the second upper rail collectively defining a support surface configured to support remaining products of the plurality of products that remain in the chute.
5. The assembly of claim 1, wherein further comprising a chute lift door connected with the product chute and a chute lift door opener operatively connected with the pusher drive assembly.
6. The assembly of claim 5, wherein the pusher drive assembly is configured to raise and lower the chute lift door opener, and the chute lift door is movable with respect to the chute such that when the chute lift door opener is in a raised position, the exit opening is open and when the chute lift door opener is in a lowered position, the exit opening is closed by the chute lift door.
10. The assembly of claim 1, wherein the pusher includes at least one upper rail and the support surface is an upper surface of the at least one upper rail.
2.An assembly for product support and deployment for a vending machine, the assembly comprising: a product chute configured to receive a plurality of products stacked on one another, the product chute including an exit opening through which a respective product of the plurality of products is dispensed; a pusher including a pushing surface configured to push the respective product being dispensed towards the exit opening and a support surface configured to support remaining products of the plurality of products that remain in the chute; a pusher drive assembly operatively connected with the pusher and configured so as to move the pusher in at least two mutually perpendicular axes; and a controller in communication with the pusher drive assembly, the controller being configured to control operation of the pusher drive assembly such that the pusher pushes the respective product being dispensed towards the exit opening and supports and lifts the remaining products in the chute against the force of gravity prior to the respective product fully exiting the product chute through the exit opening, further comprising a chute lift door connected with the product chute and a chute lift door opener operatively connected with the pusher drive assembly, wherein the pusher includes a rear surface-recess opposite the pushing surface and an upper surface that is perpendicular to the pushing surface, and the upper surface of the pusher includes two upper rails extending from proximate the pushing surface to proximate the rear recess, wherein the support surface comprises respective upper rail surfaces of each of the two upper rails, and the support surface is relatively small as compared to the upper surface to reduce friction between the support surface and a lower most product of the remaining products as the respective product is being dispensed due to the lower most product being suspended above the upper surface by the support surface provided by the two upper rails at least until the respective product fully exits the product chute through the exit opening, wherein the pusher drive assembly is configured to raise and lower the chute lift door opener, and the chute lift door is movable with respect to the chute such that when the chute lift door opener is in a raised position, the exit opening is open and when the chute lift door opener is in a lowered position, the exit opening is closed by the chute lift door, wherein the pusher drive assembly includes a lift actuator configured to lift the pusher upward in a vertical direction as the respective product is being dispensed towards the exit opening, the lift actuator further operatively connected with the chute lift door opener to raise and lower the chute lift door opener.
11. The assembly of claim 2, wherein the pusher includes a first upper rail spaced from a second upper rail in a direction perpendicular to a direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening.
2. The assembly of claim 1, wherein the product chute includes a lower opening beneath the exit opening, and the pusher is dimensioned so as to be smaller than the lower opening and passable through the lower opening.
3. The assembly of claim 2, wherein the product chute includes a lower opening beneath the exit opening, and the pusher is dimensioned so as to be smaller than the lower opening and passable through the lower opening.
3. The assembly of claim 2, wherein the controller is further configured such that the pusher is lowered through lower opening and then retracted towards a retracted position after being lowered through lower opening.
4. The assembly of claim 3, wherein the controller is further configured such that the pusher is lowered through the lower opening and then retracted towards a retracted position after being lowered through the lower opening.
4. The assembly of claim 1, wherein controller is further configured such that the pusher is raised after the pusher has pushed the respective product towards, but not entirely through, the exit opening, and the pusher then continues to push the respective product such that the respective product fully exits the product chute through the exit opening after the pusher has been raised.
5. The assembly of claim 2, wherein the controller is further configured such that the pusher is raised after the pusher has pushed the respective product towards, but not entirely through, the exit opening, and the pusher then continues to push the respective product such that the respective product fully exits the product chute through the exit opening after the pusher has been raised.
7. The assembly of claim 6, wherein the chute lift door opener is connected with the pusher such that raising of the chute lift door opener results in the pusher being raised, and lowering of the chute lift door opener results in the pusher being lowered.
6. The assembly of claim 2, wherein the chute lift door opener is connected with the pusher such that raising of the chute lift door opener results in the pusher being raised, and lowering of the chute lift door opener results in the pusher being lowered.
8. The assembly of claim 6, wherein the chute lift door opener is connected with the pusher and the pusher is movable with respect to the chute lift door opener in an axis parallel to a direction in which the pusher is moving when pushing the respective product.
7. The assembly of claim 2, wherein the chute lift door opener is connected with the pusher and the pusher is movable with respect to the chute lift door opener in an axis parallel to a direction in which the pusher is moving when pushing the respective product.
9. The assembly of claim 8, wherein the pushing surface is spaced from chute lift door opener a distance greater than a maximum dimension of the respective product measured parallel with the direction in which the pusher is moving when pushing the respective product when the pusher is in a retracted position.
8. The assembly of claim 7, wherein the pushing surface is spaced from chute lift door opener a distance greater than a maximum dimension of the respective product measured parallel with the direction in which the pusher is moving when pushing the respective product when the pusher is an a retracted position.
11. The assembly of claim 1, wherein the at least one upper rail includes a beveled forward end sloped from the support surface towards the pushing surface.
9. The assembly of claim 2, wherein each of the two upper rails include a respective beveled forward end sloped from the support surface towards the pushing surface that encourage upward movement of the lowermost product as the pusher pushes the respective product being dispensed towards the exit opening.
12. The assembly of claim 11, wherein the beveled forward end surface extends from the support surface to an upper edge of the pushing surface.
10. The assembly of claim 9, wherein the respective beveled forward end of each of the two upper rails extends upward and away from an upper edge of the pushing surface in a direction of the rear surface to the support surface such that when the pusher pushes the respective product being dispensed towards the exit opening the respective beveled forward end of each of the two upper rails perform the lifting of the remaining products in the chute.
14. The assembly of claim 1, wherein the first upper rail is spaced from the second upper rail a distance D1 in the direction perpendicular to the direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening, wherein the product chute includes a first lateral wall spaced from a second lateral wall a distance D2 in the direction perpendicular to the direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening, wherein D1 is greater than 80% of D2.
12. The assembly of claim 11, wherein the first upper rail is spaced from the second upper rail a distance D1 in the direction perpendicular to the direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening, wherein the product chute includes a first lateral wall spaced from a second lateral wall a distance D2 in the direction perpendicular to the direction in which the pusher travels when the pusher is pushing the respective product towards the exit opening, wherein D1 is greater than 80% of D2.
15. The assembly of claim 1 , further comprising a turret connected with the product chute, wherein the turret includes a post, and the pusher includes a recess which at least partially receives the post when the pusher is in a retracted position.
13. The assembly of claim 2, further comprising a turret connected with the product chute, wherein the turret includes a post, and the pusher includes a recess which at least partially receives the post when the pusher is in a retracted position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm 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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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651