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 .
Claims 1-20 are pending.
Claim Interpretation
In claim 11, the term “Bluetooth” is used, this is interpreted as a term known in the art as referring to known short range wireless technology and does not refer to a specific brand or company.
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.
Claim 11 is 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.
In claim 11, line 4 the term “another protocol” is used, this term is indefinite as there is not definition of what this protocol is referring to and what limitation is being claimed. It is suggested this term be deleted.
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.
Claims 1-4 and 8-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2022/0189597 to Rozentals et al.
Regarding claims 1 and 14, the Rozentals publication teaches a method and apparatus for a personal dietary supplement dispenser 100, comprising a one or more containers 104, each configured to store one or more dietary supplement ingredients; one or more reservoirs 102, 104a (the water source and the composition 104a are interpreted as reservoirs), each configured to store one or more liquids, powders, or gels; a communication system; a controller, configured to control operation of the personal dietary supplement dispenser; wherein the controller is further configured to communicate with at least one remote server 128 using the communication system, generate a personalized dietary supplement for a user (paragraph 0077), by causing the personal dietary supplement dispenser to combine and/or mix one or more portions of the one or more dietary supplement ingredients, optionally using one or more portions of the one or more liquids, powders, or gels, in response to receiving a recipe for the personalized dietary supplement from the server; and transmit information about the source, type, status, quantity, and/or amount of the one or more dietary supplement ingredients to the server. See Fig. 1 and paragraphs 0056-0085.
Regarding claim 2, a user interface 112 configured to allow the user to (a) display a recipe generated or received by the personal dietary supplement dispenser, to the user; (b) manually create a recipe for a personalized dietary supplement to prepare; and/or (c) modify one or more parameters of the personalized dietary supplement recipe received from the server. See paragraph 0067, 0068.
Regarding claims 3 and 17, comprising: a) one or more heating elements, wherein the controller is further configured to heat or cool the personalized dietary supplement using the one or more heating or cooling elements; b) one or more mixing elements, wherein the controller is further configured to mix one or more of the dietary supplement ingredients and/or the personalized dietary supplement, using the one or more mixing elements; and/or c) one or more sensors, each capable of detecting one or more signals indicative or a viscosity, temperature, and/or other parameter(s) of the one or more dietary supplement ingredients and/or the personalized dietary supplement. See Fig. 1 and paragraph 0059 and part 108e.
Regarding claim 4, the controller is further configured to collect and store usage data for the one or more dietary supplement ingredients and/or the stored liquids, powders, or gels, using one or more sensors, and transmit the usage data to the remote server using the communication system. Paragraph 0131.
Regarding claim 8, the controller is further configured to wirelessly communicate with one or more mobile or wearable electronic devices and to allow a user to manually select, create, or modify a personalized dietary supplement recipe using the mobile or wearable electronic device. Paragraph 0067.
Regarding claim 9, the controller is further configured to generate personalized dietary supplements according to a preset schedule and/or based on user proximity data. Paragraph 0080.
Regarding claim 10, the controller is further configured to contact the remote server according to a preset schedule and to download one or more personalized dietary supplement recipes for the user to a local memory of the personal dietary supplement dispenser. Paragraph 0080.
Regarding claim 11, the communication system is a wireless communication system. See paragraphs 0150-0151.
Regarding claim 12, the personal dietary supplement dispenser further comprises one or more sensors, each configured to detect and/or measure at least one parameter of the stored dietary supplement ingredients and/or the stored liquids, powders, or gels. The sensor is interpreted as part 122, see paragraph 0063 and 0064.
Regarding claim 13, the server is a smartphone, computer, electronic device, tablet, a remote server, or a cloud-based computing platform. Paragraph 0080.
Regarding claim 15, transmitting information about the source, type, status, quantity, amount, of the one or more dietary supplement ingredients, from the personal dietary supplement dispenser to the server before or after generating the personalized dietary supplement for the user. See paragraph 0086.
Regarding claim 16, receiving input from the user, via a user interface of the personal dietary supplement dispenser, wherein the user input modifies one or more parameters of the personalized dietary supplement recipe received from the server. See pargraphs 0060-0061 input device 112.
Regarding claim 18, the controller is further configured to collect and store usage data for the one or more dietary supplement ingredients and/or the stored liquids, powders, or gels, using one or more sensors, and transmit the usage data to the server using the communication system. The sensor is interpreted as part 122, see paragraph 0063 and 0064.
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 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/461,922 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because each set of claims has a dispenser having supplements that are mixed that also communicate with a server for different mixtures and recipes.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 10,492,519 to Capell et al. teaches a customized supplement mixture.
U.S. Publication No. 2022/0208352 to Hanson et al. teaches a supplement mixture.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN HOLMES whose telephone number is (571)272-3448. The examiner can normally be reached 10AM-6PM EST M-F.
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/JUSTIN HOLMES/Primary Examiner, Art Unit 3655
