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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 4 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.
The term “gentler” in claim 4 is a relative term which renders the claim indefinite. The term “gentler” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how one angle can be “gentler” than another angle, to be gentle requires having or showing a mild, kind, or tender temperament or character. Further delineation is needed.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Landa et al. (US 2014/0082854 A1).
Re: Claim 1, Landa discloses the claimed invention including ingredient distribution device comprising:
a plurality of ingredient distribution units (200, 202, 203) that store ingredients and can distribute the ingredients to containers (212) (Fig. 40);
a drive unit (207) that generates power for driving the ingredient distribution units (Fig. 42);
clutch units (232), which are the same number as the ingredient distribution units, that control transmission of the power generated by the drive unit to the ingredient distribution units (Fig. 42, Para. 1185, control power transmission for each ingredient distribution units); and
a control unit that controls operating the ingredient distribution units driving the drive unit, and the transmission of the power by the clutch units (Para. 1245, device for operating the dispensing of ingredients).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Diebel (US Patent No. 3,586,214).
Re: Claim 1, Diebel discloses the claimed invention including ingredient distribution device comprising:
a plurality of ingredient distribution units (10, 10’, 10’’) that store ingredients and can distribute the ingredients to containers (13,13’,13’’) (Fig. 1);
a drive unit (14,14’,14’’) that generates power for driving the ingredient distribution units (Fig. 1);
clutch units (16,16’,16’’), which are the same number as the ingredient distribution units, that control transmission of the power generated by the drive unit to the ingredient distribution units (Fig. 1, Col. 1, lines 65-66, control power transmission for each ingredient distribution units); and
a control unit (18) that controls operating the ingredient distribution units driving the drive unit, and the transmission of the power by the clutch units (Fig. 1, Col. 1, lines 68-75, device for operating the dispensing of ingredients).
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Diebel (US Patent No. 3,586,214) as applied to claim 1 above, and further in view of Sollazzo Lee et al. (US 2014/0082854 A1 herein after Lee) and Price (US Patent No. 2,621,838).
Re: Claim 2, Diebel discloses the claimed invention including the drive unit has a drive motor (14,14’,14’’) which are the same number as the ingredient distribution units (Fig. 1) except for the details of the drive unit and clutch unit (Col. 1, lines a suitable clutch may employed). However, Price teaches a drive unit (64) that generates the power and drive gears (68), that are provided on a rotating shaft (60) that rotates integrally with the drive motor (Fig. 8),
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a drive and clutch unit as taught by Price, since Diebel states in col. 1, line 66 that any suitable clutch may be employed, and it appears the clutch of Price is suitable for providing engagement and disengagement between parts.
Further, Diebel teaches an ingredient sending means (11) that sends the ingredient stored in the ingredient stocker to the container and the ingredient distribution unit has an ingredient stocker that stores the ingredient except for an ingredient measuring means. However, Lee teaches an ingredient measuring means measuring means (325), on which the container (500) is placed, that measures weight of the ingredient distributed to the container, and an ingredient sending means (252) that sends the ingredient stored in the ingredient stocker to the container (Fig. 3, Para. 40)
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a weight ingredient measuring means as taught by Lee, since Lee states in para. 40 that such a modification provides real time feedback to give the drive unit greater accuracy when dispensing. and
Further, Diebel teaches the clutch unit has a cylindrical transmitted side member (15) that engages with a rear end of a connecting shaft of the ingredient sending means (Fig. 1), and in view of Price above a cylindrical transmitting side member (70) that engages with the drive gear of the drive unit on an outer circumferential surface thereof and is engageable with the transmitted side member in the longitudinal direction, and a pushing member (72) that pushes the transmitting side member to the transmitted side member based on control of the control unit to engage the transmitted side member and the transmitting side member with each other (Price: Depicted between Figs. 9-10).
Re: Claim 3, Diebel as modified by Price in the rejection of claim 2 above discloses the claimed invention including the clutch unit has a biasing member (78) that biases the transmitting side member in a direction in which the transmitted side member and the transmitting side member separate from each other (Price: Depicted in Figs. 9-10, Col. 3, lines 64-70, biasing member to separate).
Re: Claim 4, Diebel as modified by Price in the rejection of claim 2 above discloses the claimed invention including
the transmitting side member and the transmitted side member have sawtooth-shaped engaging claws that engage with each other in the longitudinal direction (Price: Depicted in Figs. 8-10),
the engaging claws of the transmitting side member and the transmitted side member have forward direction abutment surfaces, which abut each other when the transmitting side member is rotated in a forward direction in which the ingredient sending means is driven in a direction in which the ingredient is sent to the container (Price: Depicted in Fig. 10), and opposite direction abutment surfaces, which abut each other when the transmitting side member is rotated in a opposite direction opposite to the forward direction (Price: Depicted in Fig. 10), and
the forward direction abutment surface of the engaging claw intersects with the rotation axis of the transmitting side member or the transmitted side member in a side view, and an inclination angle of the forward direction abutment surface is gentler than an inclination angle of the opposite direction abutment surface (Price: Depicted in Fig. 10, claws have inclination angles for a forward direction and separate angles in the opposite direction).
Allowable Subject Matter
Claims 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of motor driven dispensing.
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.
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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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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
