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 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) 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foster et al. (20160289058).
Regarding claim 15, Foster discloses a method of selectively dispensing a food product on a food item, the method comprising: providing a dispenser (10) that includes an electric drive motor (par. 0025), a dispensing tube (12), a control panel (42, 46), a control unit (40), and a container (18a-f) configured to hold the food product before being dispensed; receiving a first input (par. 0066, 0079), via the control panel, regarding a type of the food item or a size of the food item configured to receive the food product; determining, via the control unit, an amount of time or a number of rotations the drive motor needs to operate to dispense a predetermined amount of the food product onto the food item based on the first input (par. 0101); and dispensing the predetermined amount of the food product through the dispensing tube (par. 0101).
Regarding claim 16, wherein receiving the first input includes receiving a first selection regarding the type of the food item configured to receive the food product and receiving a second selection regarding the size or a quantity of the food item configured to receive the food product (par. 0079 and 0101).
Regarding claim 17, the method further comprising receiving a second input via the control panel, wherein the controller continuously dispenses the food product while the second input is being received to provide a user-determinable amount of food product (par. 0101).
Regarding claim 18, the electric drive motor dispenses the predetermined amount of food product through the dispensing tube (par. 0101).
Regarding claim 19, the method further comprising removing the container in order to refill the container once the food product has been depleted from the container (par. 0023).
Regarding claim 20, a portion of the control unit is positioned above the electric drive motor, the dispensing tube, and the container (Fig. 4).
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirschner et al. (5494193) in view of Foster et al.
Regarding claim 1, Kirschner discloses a food product dispenser operable to selectively dispense a food product as desired by a user, the food product dispenser comprising: a main housing (402) including an open receiving area (404) in a front side of the main housing; an electric drive motor (412) disposed within the main housing; a container (410) configured to be received in the open receiving area, wherein the food product is positioned within the container to be dispensed; a dispensing tube (418).
Kirschner DIFFERS in that it does not disclose a control unit configured to determine an amount of the food product to dispense based on a user input and to control operation of the electric drive motor to dispense the determined amount of food product, a portion of the control unit is positioned entirely above the container. Attention, however, is directed to the Foster reference, which discloses a control unit (40, 42, 46) configured to determine an amount of the food product to dispense based on a user input and to control operation of an electric drive motor to dispense a determined amount of food product (par. 0004, 0013, 0025, and 0027), a portion of the control unit (Fig. 4) is positioned entirely above a container (18a-f).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Kirschner reference in view of the teachings of the Foster reference by employing a control unit as claimed for the purpose of allowing a user to dispense a predetermined amount of food product based on user input.
Regarding claim 2, the user input includes a type of a food item to which the food product is applied, and at least one of an order size of the food item and a quantity of the food item (par. 0027, 0079, and 0100 of Foster).
Regarding claim 3, the dispenser further comprising a control panel (46 of Foster) that is configured to receive the user input.
Regarding claim 4, the control panel is operatively connected to the control unit such that user inputs from the user are relayed to the control unit (par. 0100 of Foster).
Regarding claim 5, the control unit is configured to send information and signals to the control panel for display to the user (par. 0068 and 0079 of Foster).
Regarding claim 6, a portion of the control unit is positioned entirely above the electric drive motor (Figs. 3-8 of Foster and Fig. 11 of Kirschner).
Regarding claim 7, a portion of the control unit is positioned (Figs. 1-4 and 6-8 of Foster) entirely above the dispensing tube (12 of Foster).
Regarding claim 8, the food product dispenser is configured to determine an amount of time to operate the motor to dispense the desired amount of food product (par. 0101 of Foster).
Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirschner et al. in view of Foster et al. and Tammi (EP1826172A1).
Regarding claim 9, Kirschner discloses a dispenser system operable to selectively dispense a food product as desired by a user, the dispenser system comprising: a dispenser (400), including: a main housing (402); an electric drive motor (412); and a container (410) removably attached to the main housing, the container having an open interior configured to receive the food product.
Kirschner DIFFERS in that it does not disclose a plurality of dispensers, a front-facing control panel, and a control unit positioned behind and electronically connected to the front-facing control panel, wherein the control unit is configured to: determine an amount of time or a number of rotations the electric drive motor needs to operate to dispense a predetermined amount of the food product based on a first input received at the front-facing control panel, and continuously operate the electric drive motor to dispense a user-determinable amount of the food product while a second input is being received at the front-facing control panel.
Regarding the control panel and control unit, attention is directed to the Foster reference, which discloses a front-facing control panel (42, 46), and a control unit (40) positioned behind and electronically connected to the front-facing control panel (Fig. 4), wherein the control unit is configured to: determine an amount of time or a number of rotations the electric drive motor needs to operate to dispense a predetermined amount of the food product based on a first input received at the front-facing control panel (par. 0101), and continuously operate the electric drive motor to dispense a user-determinable amount of the food product while a second input is being received at the front-facing control panel (par. 0101).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Kirschner reference in view of the teachings of the Foster reference by employing a control panel and control unit as claimed for the purpose of allowing a user to dispense a predetermined quantity of food product.
Regarding the plurality of dispensers, attention is directed to the Tammi reference, which discloses a plurality of dispensers (par. 0005-0007).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the Kirschner reference in view of the teachings of the Tammi reference by employing a plurality of dispensers for the purpose of providing a variety of drinks from an ordered arrangement of dispensers (par. 0005-0007 of Tammi).
Regarding claim 10, the plurality of dispensers includes a first dispenser and a second dispenser and the main housing of the first dispenser is configured to removably couple to the main housing of the second dispenser (par. 0005-0007 of Tammi).
Regarding claim 11, the first input includes a type of a food item to which the food product is applied (par. 0027, 0079, and 0100 of Foster).
Regarding claim 12, the first input further includes at least one of an order size of the food item and a quantity of the food item (par. 0101 of Foster).
Regarding claim 13, the front-facing control panel includes a touch screen (46 of Foster) that provides a visual display and engagement areas to receive the first input and the second input.
Regarding claim 14, the front-facing control panel includes multiple selection areas (47 of Foster) that allow the user to select between a type of food item to which the food product is applied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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