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 .
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.
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Claims 1-4, 8, and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 11,995,938. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the instant application and claim 6 of the related patent (corresponding element(s) identified in parenthesis) each disclose:
An apparatus (bill validator mount, claim 1, line 1) comprising:
a frame (support bracket, claim 1, line 4);
a linear sliding cage (claim 6, line 4) coupled with the frame and configured to translate along a first axis relative to the frame;
a cam cage (claim 6, line 3) coupled with the frame and configured to rotate (claim 6, lines 19-20) about a second axis relative to the frame, wherein:
the linear sliding cage is configured to receive and support a bill validator (mount cage assembly supports bill validator, claim 1, lines 6+) and is translatable along the first axis between at least an insertion position and a collections position (claim 6, lines 16-20) ; and
the cam cage and the linear sliding cage are kinematically coupled (claim 6, lines 7-9) such that rotation of the cam cage about the second axis and from a first rotational position to a second rotational position causes the linear sliding cage to translate from the insertion position to the collections position (claim 6, lines 16-20).
Claim 2 of the instant application and claim 6 of the related patent each disclose: wherein the linear sliding cage is at a lower elevation in the apparatus when in the collections position than in the insertion position (claim 2).
Claim 3 of the instant application and claim 6 of the related patent each disclose: the cam cage includes one or more cam grooves (claim 6, line 3), each cam groove following a curved path that varies in distance from the second axis along its length, and the apparatus further includes one or more swivels (claim 6, lines 7-9), each swivel extending through a corresponding one of the one or more cam grooves and the linear sliding cage and configured to engage with the corresponding cam groove (claim 6, lines 6-10) and transform rotational movement of the corresponding cam groove into translation of the linear sliding cage (claim 6, lines 16-20).
Claim 4 of the instant application and claim 6 of the related patent each disclose: the linear sliding cage includes a swivel cage (claim 6, lines 5-6) that is connected with the one or more swivels and configured to rotate relative to the linear sliding cage and about a third axis extending through the one or more swivels, and the swivel cage is configured to interface with the bill validator, thereby allowing the linear sliding cage to support and receive the bill validator (claim 6, lines 7-20).
Claim 8 of the instant application and claim 6 of the related patent each disclose: further comprising the bill validator, wherein the bill validator is mounted to the swivel cage (claim 6, lines 12-15).
Claim 9 of the instant application and claim 6 of the related patent each disclose: wherein the swivel cage is configured to receive a cash box in a space located beneath the bill validator (claim 1, lines 6-8).
Claims 1-4, 8, and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,322,235. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the instant application and claim 6 of the related patent (corresponding element(s) identified in parenthesis) each disclose:
An apparatus (bill validator mount, claim 1, line 1) comprising:
a frame (support bracket, claim 1, line 6);
a linear sliding cage (claim 6, line 4) coupled with the frame and configured to translate along a first axis relative to the frame;
a cam cage (claim 6, line 3) coupled with the frame and configured to rotate (claim 6, lines 19-20) about a second axis relative to the frame, wherein:
the linear sliding cage is configured to receive and support a bill validator (cage assembly supports bill validator, claim 1, lines 10+) and is translatable along the first axis between at least an insertion position and a collections position (claim 6, lines 16-20); and
the cam cage and the linear sliding cage are kinematically coupled (claim 6, lines 7-9) such that rotation of the cam cage about the second axis and from a first rotational position to a second rotational position causes the linear sliding cage to translate from the insertion position to the collections position (claim 6, lines 16-20).
Claim 2 of the instant application and claim 6 of the related patent each disclose: wherein the linear sliding cage is at a lower elevation in the apparatus when in the collections position than in the insertion position (claim 2).
Claim 3 of the instant application and claim 6 of the related patent each disclose: the cam cage includes one or more cam grooves (claim 6, line 3), each cam groove following a curved path that varies in distance from the second axis along its length, and the apparatus further includes one or more swivels (claim 6, lines 7-9), each swivel extending through a corresponding one of the one or more cam grooves and the linear sliding cage and configured to engage with the corresponding cam groove (claim 6, lines 6-10) and transform rotational movement of the corresponding cam groove into translation of the linear sliding cage (claim 6, lines 16-20).
Claim 4 of the instant application and claim 6 of the related patent each disclose: the linear sliding cage includes a swivel cage (claim 6, lines 5-6) that is connected with the one or more swivels and configured to rotate relative to the linear sliding cage and about a third axis extending through the one or more swivels, and the swivel cage is configured to interface with the bill validator, thereby allowing the linear sliding cage to support and receive the bill validator (claim 6, lines 7-20).
Claim 8 of the instant application and claim 6 of the related patent each disclose: further comprising the bill validator, wherein the bill validator is mounted to the swivel cage (claim 6, lines 12-15).
Claim 9 of the instant application and claim 6 of the related patent each disclose: wherein the swivel cage is configured to receive a cash box in a space located beneath the bill validator (claim 1, lines 7-9).
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, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vysma et al. (US#2006/0081441).
Regarding claim 1, Vysma discloses an apparatus 1 comprising: a frame 40; a linear sliding container 10 being viewed as labeled as a “cage” coupled via carriage assembly 30 with the frame 40 and configured to translate along a first axis relative to the fixed frame 40 ([0060]), “In an exemplary embodiment of the present invention, the cash cassette 10 also has side guide grooves (not shown) which fit within the reciprocal guide tracks 318, 320 (FIGS. 14A-B) attached to the sides of the bill reader chassis 350, allowing the user to slide the cash cassette 10 in and out of the carriage assembly 30.”); a cam cage 350 coupled via carriage assembly 30 with the frame 40 and configured to rotate about a second axis relative to the frame (see Figs. 9A-F sequence), wherein: the linear sliding cage 10 is “configured to receive and support” a bill validator 20 ([0064], “The bill acceptor 20 has a snout 22 for receiving money, electronics (not shown) for validating or processing the currency being deposited, a back end 23 for depositing the currency into the cash cassette 10, and a bottom 24.”) and is translatable along the first axis between at least an insertion position (cage 20 fully slid into carriage assembly 30) and a collections position (cage 20 partially removed from carriage assembly 30); and the cam cage 350 and the linear sliding cage 10 are kinematically coupled via guide slots in the cage and guide tracks 318,320 in the cam cage ([0060]) such that rotation of the cam cage about the second axis and from a first rotational position (Fig. 9A) to a second rotational position (Fig. 9F) indirectly causes (i.e. allows) the linear sliding cage to translate from the insertion position to the collections position.
Regarding claim 13, Vysma discloses one or more gas springs 60, wherein: each gas spring has one end mounted to the frame 40 and an opposing end indirectly mounted to the cam cage 350 via the carriage assembly 30 ([0078], Figs. 6 and 8), and each gas spring is configured to exert a torque on the cam cage during at least some rotational movement of the cam cage between the first rotational position and the second rotational position.
Regarding claim 14, Vysma discloses : each gas spring 60 is configured to exert zero torque on the cam cage 350 at a third rotational position (neutral position between Figs. 9A and 9F) of the cam cage relative to the frame 40, the third rotational position is in between the first rotational position (Fig. 9A) and the second rotational position (Fig. 9F), and the torque exerted by each gas spring on the cam cage when rotated between the third position and the first position is opposite in direction to the torque exerted by each gas spring on the cam cage when rotated between the third position and the second position ([0065], “Lastly, referring to FIGS. 8 and 2, according to a preferred embodiment of the present invention, the motion of the safe door 2 (and thus the cash cassette 10 and the bill acceptor 20) is assisted or dampened by means of a gas spring 60. The gas spring 40 allows the safe door 2 to be opened (and closed) in a gradual and controlled manner. In this manner, the carriage assembly 30 is counter-balanced by the progressively suspended gas spring 60 for easier operation of the safe door 2.”).
Allowable Subject Matter
Upon filing approved terminal disclaimers, claims 2-4, 8, and 9 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 5-7, 10-12, and 15-20 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, Vysma fails to disclose the linear sliding cage moving to a lower elevation, namely wherein the linear sliding cage is at a lower elevation in the apparatus when in the collections position than in the insertion position.
Regarding claim 3, although Vysma et al. (US#2006/0081441) discloses the cam cage 350 includes one or more cam grooves 358 and 360 (Fig. 14A) following a curved path that varies in distance from the second axis along its length, Vysma fails to disclose the following: the apparatus further includes one or more swivels, each swivel extending through a corresponding one of the one or more cam grooves and the linear sliding cage and configured to engage with the corresponding cam groove and transform rotational movement of the corresponding cam groove into translation of the linear sliding cage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted Anthony et al. (US#2011/0111866) discloses a gaming machine 10 including a cage assembly 166 rotating about axis A1 and mounted to frame 164 (see [0079] and Fig. 5A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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