Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement filed 4/22/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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 14 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.
Claim 14 recites the limitation "the wall" in line 1. The antecedent basis of this claim is confusing as it is unclear as to which wall of claim 12 is being referred to.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 12-16 are rejected under pre-AlA 35 U.S.C. 102(e) as being anticipated by Tollefson et al. 2014/0027471.
Claim 12, Tollefson discloses a mobile confectionary apparatus, comprising:
a vehicle (1) having an upstanding side wall (32,34, 36, 38, 40), including at least a pair of spaced apart and parallel side walls (38, 40), and a rear wall (36) extending transversely to the pair of side walls;
an interior space (the interior of body 26) surrounded by the upstanding side wall (32,34, 36, 38, 40) and configured to receive at least one person (as disclosed in paragraph 5);
an opening (44) extending through one of the side walls through which an item may be passed from the interior space to outside of the vehicle;
a liquid toppings dispensing system (4) including a housing (60), a utility access opening formed in the housing (as is the access opening in end wall 91 for hose bundle 102 which includes conduits 58) and a plurality of liquid dispensers (62) configured to dispense at least one liquid topping onto the item; and
a plurality of fluid delivery conduits (58) in fluid communication with a plurality of reservoirs (56) holding a plurality of liquid toppings and the plurality of liquid dispensers, with the plurality of fluid delivery conduits extending from the plurality of reservoirs, through the rear wall of the vehicle, through the utility access opening formed in the housing, and fluidly connecting to the plurality liquid dispensers (as shown in figures 1 and 2, the conduits 58 extend from the reservoirs 56 through rear wall 36 and the housing wall 91 inside the hose 102 and connect to the dispenser nozzles 62).
Regarding independent claim 17, and claim 13, Tollefson further discloses; the plurality of liquid dispensers (62) being arranged along an axis that is generally parallel to a longitudinal axis of the liquid toppings dispensing system (4) as shown in figures 2, 3 and 5-7, the liquid dispensers (62) are arranged on a straight line along a single axis as claimed which axis extends in a rearward direction beyond the rear wall of the vehicle as shown in figures 2, 3 and 5-7, and being longitudinally aligned with the system 4.
Claim 13, Tollefson discloses wherein the plurality of liquid dispensers (62) is arranged along an axis that is generally parallel to a longitudinal axis of the liquid toppings dispensing system (4).
Claim 14, Tollefson discloses wherein the wall (See 35 USC 112 rejection above) is a rear wall (36) of the vehicle.
Claim 15, Tollefson discloses wherein the longitudinal axis of the liquid toppings dispensing system (4) extends in a direction generally parallel to the pair of side walls (FIG 5).
Claim 16, Tollefson discloses wherein the longitudinal axis of the liquid toppings dispensing system (4) extends in a direction generally parallel to the rear wall (FIG 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 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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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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