`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`15/273,347
`
`09/22/2016
`
`Gregory Marsh
`
`1105250.121—USlO
`
`2316
`
`Byrne Poh LLP
`11 Broadway, Ste 760
`New York, NY 10004
`
`EVERETT, CHRISTOPHER E
`
`ART UNIT
`
`2121
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/07/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`info @ byrnepoh.com
`
`PTOL—90A (Rev. 04/07)
`
`
`
`
`
`Applicant(s)
`Application No.
` 15/273,347 MARSH ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`Christopher E. Everett it?“ 2121
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 7/18/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1-18 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-18 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’www.usnto. ovI’ atentS/init events/
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`
`
`iindex.‘$ or send an inquiry to PPI-iieedback{®usgto.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 9/22/2016is/are: a)lX| accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 7/19/2017.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20171204
`
`
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`Application/Control Number: 15/273,347
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`Page 2
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`Art Unit: 2121
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`DETAILED ACTION
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`1.
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`2.
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`3.
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`The present application is being examined under the pre—AIA first to invent provisions.
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`The Office Action is responsive to the communication filed on 7/18/2017.
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`Claims 1— 18 are pending.
`
`Response to Arguments
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`4.
`
`Applicant’s arguments with respect to claims 1—18 have been considered but are moot
`
`because the arguments do not apply to any of the references being used in the current rejection.
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`In particular, Applicant’s arguments are directed to Freeman, Schaupp, Bass, and Bass II not
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`teaching or suggesting "a magazine drive mechanism located outside of a space defined by an
`
`outside surface of the rotatable carousel," as recited in independent claim 1. Independent claim 9
`
`is substantially similar. Dependent claims 2—8 and 10—18 depend, directly or indirectly, from
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`independent claims 1 and 9, respectively. In the current rejection, Seragnoli is utilized to teach
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`these claim limitations.
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`Claim Rejections - 35 USC § 103
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`5.
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`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
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`
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`Application/Control Number: 15/273,347
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`Page 3
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`Art Unit: 2121
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`6.
`
`The following is a quotation of pre—AIA 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102, if the differences between the subject matter sought to be patented and the prior art
`are such that the subject matter as a whole would have been obvious at the time the invention was made
`to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not
`be negatived by the manner in which the invention was made.
`
`7.
`
`The factual inquiries set forth in Graham v. John Deere C0., 383 US. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under pre—
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`AIA 35 U.S.C. 103(a) are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`8.
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`Claims 1-2, 4, 7, 9-10, 12, 15, and 17-18 are rejected under pre-AIA 35
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`U.S.C. 103(a) as being unpatentable over US. Patent Application No.
`
`2011/0301738 (Freeman) in View of US. Patent No. 5,545,286 (Schaupp) and
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`
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`Application/Control Number: 15/273,347
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`Page 4
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`Art Unit: 2121
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`further in View of US. Patent No. 3,929,326 (Seragnoli) and US. Patent
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`Publication No. 2007/00224008 (Bass 11).
`
`Claim 1:
`
`Freeman describes a system for creating keys, the system comprising: (Freeman: “The
`
`exemplary key-duplicating kiosk shown in FIGS. 1 and 2 has a housing 10 that includes a
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`touch-screen display 11, a payment device 12 such as a credit or debit card reader, a
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`viewing window 13, a key-receiving entry 14 that includes a door 100 that opens to reveal a
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`key insertion slot 104, a duplicate key discharge tray 15 and a keychain discharge tray 16.
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`This kiosk enables a consumer to insert a master key into the slot 104 and have the master
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`key automatically duplicated while the head of the key is always projecting from the kiosk,
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`just as when a key is used in a door.” Paragraph 0063)
`
`o
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`a kiosk comprising: (Freeman: see the key-duplicating kiosk as illustrated in figures
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`1, 2, 3 and as described in paragraph 0063)
`
`o
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`a key shaping device; (Freeman: “a key cutting mechanism for cutting the
`
`blade of the selected key blank to reproduce the tooth pattern of the master
`
`key” paragraph 0077)
`
`o
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`a touchscreen; and (Freeman: see the touch screen display 11 as illustrated in
`
`figures 1, 2, 3 and as described in paragraph 0063; “The touch-screen display
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`11 contains soft touch keys denoted by graphics on the underlying display
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`and used to operate the kiosk 10.” Paragraph 0065)
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`
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`Application/Control Number: 15/273,347
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`Page 5
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`Art Unit: 2121
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`o
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`a hardware processor that is programmed to: (Freeman: see the general purpose
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`processor 24 as illustrated in figure 3 and as described in paragraph 0067)
`
`.
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`receive an instruction, via the touchscreen, to create a second key based on
`
`the first key; (Freeman: see the sequence of creating an order for a
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`duplicate key as illustrated in figures 5, 6, 7, 8, 9, 10, 11; “When the
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`customer touches the touch screen 11, the display changes to a
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`welcome screen, shown in FIG. 5, that gives the customer an option to
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`"Start Your Order Now" or select a "Help" or "Espanol" button.”
`
`Paragraph 0085)
`
`.
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`cause the key shaping device to create the second key from the key blank
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`based on the first geometric information; (Freeman: “(5) the extracted
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`blank key is cut to have the same tooth pattern as the master key”
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`paragraph 0103)
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`Freeman does not explicitly describe a rotatable carousel as described below. However,
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`Schaupp teaches the rotatable carousel as described below.
`
`0
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`a rotatable carousel configured to store a plurality of different types of key blanks;
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`(see the rotatable carousel in Schaupp and the key blanks in Freeman;
`
`Schaupp: see the rotary magazine system 20 with a carousel 32 rotating
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`about a shaft 34 and with interchangeable cartridges 24 for providing labels
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`as illustrated in figures 1, 2 and as described in col. 3, lines 1-12; Freeman: “21
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`key blank magazine for storing key blanks of different types (e.g., Schlage,
`
`
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`Page 6
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`Art Unit: 2121
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`Kwikset, Weiser, etc.) and different styles (plain brass, colored flag pattern,
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`colored flower pattern, etc.)” paragraph 0071)
`
`o
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`a key movement mechanism that moves key blanks from the rotatable carousel to
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`the key shaping device; (see the rotatable carousel in Schaupp and the key
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`movement mechanism in Freeman; Freeman: “a key blank extractor
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`mechanism for loading and aligning the desired type and style of key blank
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`from the key blank magazine into the blank clamp base” paragraph 0076;
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`Schaupp: see the rotary magazine system 20 with a carousel 32 rotating
`
`about a shaft 34 and with interchangeable cartridges 24 for providing labels
`
`as illustrated in figures 1, 2 and as described in col. 3, lines 1-12)
`
`.
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`determine whether a key blank of the first key type is stored by the
`
`rotatable carousel; (Freeman: “Because only a limited number of
`
`different types of key blanks can be stored in the kiosk, the cross-
`
`sectional profile of the profile master key is matched against only
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`preselected profiles, which are the profiles for which blanks are
`
`available in the kiosk. For example, a first profile may correspond to
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`a Schlage key, a second profile may correspond to a Kwikset key, and
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`a third profile may correspond to a Weiser key. Other key types may
`
`be identified with other corresponding profiles.” Paragraph 0108;
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`Schaupp: see the rotary magazine system 20 with a carousel 32
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`rotating about a shaft 34 and with interchangeable cartridges 24 for
`
`
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`Page 7
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`Art Unit: 2121
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`providing labels as illustrated in figures 1, 2 and as described in col. 3,
`
`lines 1-12)
`
`.
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`in response to determining that the key blank of the first key type is stored
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`by the rotatable carousel, rotate the rotatable carousel such that the key
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`movement mechanism can access the key blank of the first key type; (see
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`the determining of key blank data in Freeman and the rotating of the
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`carousel in Schaupp; Freeman: “After identification of the particular
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`type of key blank needed to reproduce the master key, and the style
`
`selected by the customer, the kiosk controller energizes the motor 85
`
`to move the magazine 80 to align that particular type and style of key
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`blank with a key-blank extractor 86 (see FIGS. 43-46).” Paragraph
`
`0112; “If the combination of output signals does correspond to one of
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`the preselected key types, the kiosk controller aligns that particular
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`type of key blank in the key-blank magazine 80 with the key-blank
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`extraction mechanism.” Paragraph 0111; Schaupp: see the rotary
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`magazine system 20 with a carousel 32 rotating about a shaft 34 and
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`with interchangeable cartridges 24 for providing labels as illustrated
`
`in figures 1, 2 and as described in col. 3, lines 1-35)
`
`.
`
`cause the key movement mechanism to move the key blank of the first key
`
`type from the rotatable carousel to the key shaping device; (Freeman:
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`“(4) a blank key having the design selected by the customer and also
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`having the same cross sectional profile (same key type) as the master
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`
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`Page 8
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`Art Unit: 2121
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`key is extracted from the blank-key magazines” paragraph 0103;
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`“Referring to FIGS. 39-46, as a blank B is pushed out of the magazine
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`80, the blade of the extracted blank enters a clamp assembly 90 that is
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`similar in operation to the clamp assembly described above for the
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`master key. As the extracted blank B is pushed into the slot between
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`the upper clamp 90a and the lower clamp 90b, the outboard (top)
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`edge of the blade of the key blank engages a guide roller 88 that has a
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`circumferential channel or groove for ensuring proper guidance and
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`alignment of the blank in the clamp assembly 90.” Paragraph 0122;
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`Schaupp: see the rotary magazine system 20 with a carousel 32
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`rotating about a shaft 34 and with interchangeable cartridges 24 for
`
`providing labels as illustrated in figures 1, 2 and as described in col. 3,
`
`lines 1-35)
`
`One of ordinary skill in the art would have recognized that applying the known technique
`
`of Freeman, namely, a key shopping system, with the known techniques of Schaupp, namely, a
`
`rotary carousel item delivery system, would have yielded predictable results and resulted in an
`
`improved system. Accordingly, applying the teachings of Freeman to determine a key type and
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`duplicate a key with the teachings of Schaupp to provide a system for holding items would have
`
`been recognized by those of ordinary skill in the art as resulting in an improved system for
`
`duplicating and delivering keys (i.e., a system for duplicating keys from a rotating carousel of
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`keys of Freeman based on the teachings of a rotating carousel of items in Schaupp).
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`
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`Application/Control Number: 15/273,347
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`Page 9
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`Art Unit: 2121
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`Freeman and Schaupp do not explicitly describe a magazine drive mechanism as
`
`described below. However, Seragnoli teaches the magazine drive mechanism as described
`
`below.
`
`0
`
`a magazine drive mechanism located outside of a space defined by an outside
`
`surface of the rotatable carousel; (Seragnoli: see the geared motor M (i.e.,
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`magazine drive mechanism) above the cylindrical body 2 (i.e., rotatable
`
`carousel) as illustrated in figures 1, 2 and as described in col. 3, lines 56-68)
`
`One of ordinary skill in the art would have recognized that applying the known technique
`
`of Freeman, namely, a key shopping system, and the known techniques of Schaupp, namely, a
`
`rotary carousel item delivery system, with the known techniques of Seragnoli, namely, a key
`
`rotary carousel item delivery system, would have yielded predictable results and resulted in an
`
`improved system. Accordingly, applying the teachings of Freeman to determine a key type and
`
`duplicate a key and the teachings of Schaupp to provide a system for holding items with the
`
`teachings of Seragnoli to use a motor outside of a rotary carousel item delivery system would
`
`have been recognized by those of ordinary skill in the art as resulting in an improved system for
`
`duplicating and delivering keys (i.e., a system for duplicating keys from a rotating carousel of
`
`Freeman based on the teachings of a rotating carousel of items in Schaupp and the teachings of
`
`using a motor outside of the rotary carousel to delivery items in Seragnoli).
`
`Freeman, Schaupp, and Seragnoli do not explicitly describe a key scanner and the
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`processing based on the image obtained from the key scanner as described below. However,
`
`
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`Application/Control Number: 15/273,347
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`Page 10
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`Art Unit: 2121
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`Bass 11 teaches the key scanner and the processing based on the image obtained from the key
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`scanner as described below.
`
`0
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`a key scanner configured to detect light haVing a pattern that is based on a shape
`
`of a key; (Bass 11: “The optical imaging device is capable of capturing an
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`optical image of at least a portion of the master key.” Abstract; “In one
`
`embodiment, the duplication of a master key is facilitated by the capture of
`
`an optical image of a profile or silhouette of the master key, including the key
`
`pattern of the master key, and the capture of a profile or silhouette of a key
`
`blank.” Paragraph 0040)
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`cause the key scanner to capture first geometric information about a first
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`key by detecting light haVing a pattern based on a shape of the first key;
`
`(Bass 11: “The optical imaging device is capable of capturing an
`
`optical image of at least a portion of the master key.” Abstract; “In
`
`one embodiment, the duplication of a master key is facilitated by the
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`capture of an optical image of a profile or silhouette of the master key,
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`including the key pattern of the master key, and the capture of a
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`profile or silhouette of a key blank.” Paragraph 0040; “The apparatus
`
`as described may be utilized to capture the image of the blade 32 of a
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`master key 22, including the key pattern 36. Such a captured image
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`may be analyzed by logic to quantify and specifically define the key
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`pattern 36 of the master key. Such analysis may include quantifying
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`and defining the depth, angle, and position of each tooth in the key
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`
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`Page 11
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`Art Unit: 2121
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`pattern 36; determining Whether there is a key pattern 36 on one side
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`of the key 22 (a single-sided key) or on both sides of the key 22 (a
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`double-sided key); determining precisely Where along the blade 32 the
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`key pattern 36 begins and ends; and the like. In addition, surface
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`features of the blade 32, such as the presence, length, and Width of a
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`key groove 34, may be determined. In one embodiment, surface
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`features of the blade 32 may be determined by positioning the optical
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`imaging device 50 to an angle with respect to the surface of the blade
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`32. As will be further described, such information may be stored by
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`the logic for subsequent use in selecting a key blank 24, precisely
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`cutting a key pattern into a key blank 24 and in comparing the key
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`pattern cut into the key blank 24 and the key pattern 36 of the master
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`key 22.” Paragraph 0060)
`
`.
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`automatically determine bit heights of the first key based on the captured
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`geometric information about the first key; and (Bass 11: “The logic is
`
`capable of determining a key pattern of the master key from the
`
`optical image of the master key.” Abstract; “The master key 22
`
`includes a key pattern 36, which is a model for any key pattern cut
`
`into the key blank 24 in duplicating the master key 22.” Paragraph
`
`0045; “Such a captured image may be analyzed by logic to quantify
`
`and specifically define the key pattern 36 of the master key. Such
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`analysis may include quantifying and defining the depth, angle, and
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`
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`Page 12
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`Art Unit: 2121
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`position of each tooth in the key pattern 36; determining whether
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`there is a key pattern 36 on one side of the key 22 (a single-sided key)
`
`or on both sides of the key 22 (a double-sided key); determining
`
`precisely where along the blade 32 the key pattern 36 begins and ends;
`
`and the like. In addition, surface features of the blade 32, such as the
`
`presence, length, and width of a key groove 34, may be determined.”
`
`Paragraph 0060)
`
`.
`
`automatically determine that the first key is a first key type from a
`
`plurality of known key types based on the first geometric information
`
`about the first key; (Bass 11: “The captured image of the blade 32 of the
`
`master key 22 may also be used to specifically determine the proper
`
`key blank 24 to use when duplicating the master key 22. The
`
`captured image may be analyzed using logic to quantify and
`
`specifically define features of the master key blade 32 such as, for
`
`example, the size and shape of the shoulder 30, the length and width
`
`of the blade 32, whether the master key 22 is single-sided or double-
`
`sided, whether the blade 32 includes any steps or grooves, and the
`
`like. To facilitate the identification of a proper key blank 24, the logic
`
`may compare the quantified and defined features of the master key 22
`
`with data in a database regarding known key blanks 24. Such a
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`database may include data on the physical dimensions of known key
`
`blanks 24, and the logic may make direct comparisons between
`
`
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`Application/Control Number: 15/273,347
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`Page 13
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`Art Unit: 2121
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`physical dimensions of known key blanks 24 and the features of the
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`master key 22 as determined from the captured image. Such
`
`comparisons may lead to the determination and selection of the
`
`proper key blank 24 for the master key 22.” Paragraph 0061)
`
`One of ordinary skill in the art would have recognized that applying the known technique
`
`of Freeman, namely, a key shopping system, the known techniques of Schaupp, namely, a rotary
`
`carousel item delivery system, and the known techniques of Seragnoli, namely, a key rotary
`
`carousel item delivery system, with the known techniques of Bass 11, namely, a key duplication
`
`machine, would have yielded predictable results and resulted in an improved system.
`
`Accordingly, applying the teachings of Freeman to determine a key type and duplicate a key, the
`
`teachings of Schaupp to provide a system for holding items, and the teachings of Seragnoli to use
`
`a motor outside of a rotary carousel item delivery system with the teachings of Bass 11 to image
`
`and duplicate keys would have been recognized by those of ordinary skill in the art as resulting
`
`in an improved system for duplicating and delivering keys (i.e., a system for duplicating keys
`
`based on key images from a rotating carousel and storing information about the keys of Freeman
`
`based on the teachings of a rotating carousel of items in Schaupp, the teachings of using a motor
`
`outside of the rotary carousel to delivery items in Seragnoli, and the teachings of imaging keys
`
`for duplication in Bass 11).
`
`Claim 2:
`
`Freeman, Schaupp, and Seragnoli do not explicitly a camera as described below.
`
`However, Bass 11 teaches the camera as described below.
`
`
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`Application/Control Number: 15/273,347
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`Page 14
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`Art Unit: 2121
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`Bass 11 describes the system of claim 1, wherein the key scanner comprises at least one
`
`camera. (Bass 11: “In one embodiment, the optical imaging device 50 is a camera, and the
`
`image captured is a photographic image.” Paragraph 0056)
`
`Freeman, Schaupp, Seragnoli, and Bass 11 are combinable for the same rationale as set
`
`forth above with respect to claim 1.
`
`Claim 4:
`
`Freeman describes the system of claim 1, wherein the key shaping device comprises:
`
`0
`
`a shaping tool. (Freeman: see the key-cutting Wheel 131 as described in paragraph
`
`0130; “a key cutting mechanism for cutting the blade of the selected key blank to
`
`reproduce the tooth pattern of the master key” paragraph 0077)
`
`Freeman, Schaupp, and Seragnoli do not explicitly a device as described below. However,
`
`Bass 11 teaches the device as described below.
`
`0
`
`a computer numerical control device; and (Bass 11: “The precise movements calculated
`
`for the cutting Wheels 60 and 62 may be transferred to a 2-aXis CNC cutter so that
`
`the key pattern 36 of the master key 22 may be duplicated on the blade 32 of the key
`
`blank 24.” Paragraph 0075)
`
`Freeman, Schaupp, Seragnoli, and Bass 11 are combinable for the same rationale as set forth
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`above with respect to claim 1.
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`Claim 7:
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`
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`Art Unit: 2121
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`Freeman does not explicitly describe a rotatable carousel as described below. However,
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`Schaupp teaches the rotatable carousel as described below.
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`Freeman and Schuapp describe the system of claim 1,
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`0 wherein the rotatable carousel is configured to attach to a plurality of removable
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`magazines that are each configured to store one or more types of key blanks, and (see the
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`rotatable carousel in Schaupp and the key blanks in Freeman; Schuapp:
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`“Alternatively, when elevated, the carousel 32 may be freely rotated by an operator
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`installing filled cartridges 24 (i.e. loaded with a stack 26 of labels 28 a, b, c, n-1, n) or
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`removing empty cartridges 24. A safety pawl within the vertical lift air cylinder 36,
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`locks the carousel temporarily in the raised condition. The detail of the reversible
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`attachment of the detachable cartridges 24 to the carousel 32 will be explained
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`subsequently.” Col. 3, lines 36-43; Freeman: “a key blank magazine for storing key
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`blanks of different types (e.g., Schlage, Kwikset, Weiser, etc.) and different styles
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`(plain brass, colored flag pattern, colored flower pattern, etc.)” paragraph 0071)
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`0 wherein the hardware processor is further programmed to determine whether the key
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`blank of the first key type is stored in one of the plurality of removable magazines
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`currently attached to the rotatable carousel. (see the rotatable carousel in Schaupp and
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`the key blanks in Freeman; Freeman: “If the combination of output signals from the
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`four sensors 67-70 does not correspond to one of the preselected key types, the kiosk
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`controller changes the display to the screen that informs the customer that the key
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`inserted by the customer cannot be duplicated by the kiosk and that the customer
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`should remove the key, and the master key clamp is released to permit removal of
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`
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`Art Unit: 2121
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`the key. If the combination of output signals does correspond to one of the
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`preselected key types, the kiosk controller aligns that particular type of key blank in
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`the key-blank magazine 80 with the key-blank extraction mechanism.” Paragraph
`
`0111)
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`Freeman and Schaupp are combinable for the same rationale as set forth above with respect
`
`to claim 1.
`
`Claim 9:
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`The claim is substantially similar to claim 1 and is rejected for the same reasons and
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`rationale as outlined above with respect to that claim.
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`9. A method for creating keys, the method comprising:
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`causing, using a hardware processor of a kiosk, a key scanner disposed within the kiosk
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`to capture first geometric information about a first key by detecting light haVing a pattern
`
`based on a shape of the first key;
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`automatically determining bit heights of the first key based on the captured geometric
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`information about the first key;
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`automatically determining that the first key is a first key type from a plurality of known
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`key types based on the second geometric information about the first key;
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`receiVing an instruction, Via a touchscreen, to create a second key based on the first key;
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`determining whether a key blank of the first key type is stored by a rotatable carousel
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`disposed within the kiosk;
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`
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`Art Unit: 2121
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`o
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`in response to determining that the key blank of the first key type is stored by the
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`rotatable carousel, rotating the rotatable carousel using a magazine drive mechanism
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`located outside of a space defined by an outside surface of the rotatable carousel such that
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`a key movement mechanism that moves key blanks from the rotatable carousel to a key
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`shaping device disposed Within the kiosk can access the key blank stored by the rotatable
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`carousel;
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`o
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`causing the key movement mechanism to move the key blank of the first key type from
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`the rotating carousel to the key shaping device; and
`
`o
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`causing the key shaping device to create the second key from the key blank based on the
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`first geometric information.
`
`Claim 10:
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`The claim is substantially similar to claim 2 and is rejected for the same reasons and
`
`rationale as outlined above with respect to that claim.
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`10. The method of claim 9, wherein the key scanner comprises at least one camera.
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`Claim 12:
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`The claim is substantially similar to claim 4 and is rejected for the same reasons and
`
`rationale as outlined above with respect to that claim.
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`12. The method of claim 9, wherein the key shaping device comprises:
`
`0
`
`o
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`a computer numerical control device; and
`
`a shaping tool.
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`
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`Art Unit: 2121
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`Claim 15:
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`The claim is substantially similar to claim 7 and is rejected for the same reasons and
`
`rationale as outlined above with respect to that claim.
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`15. The method of claim 9,
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`0 wherein the rotatable carousel is configured to attach to a plurality of removable
`
`magazines that are each configured to store one or more types of key blanks, and
`
`0 wherein determining whether the key blank of the first key type is stored by the rotatable
`
`carousel further comprises determining whether the key blank of the first key type is
`
`stored in one of the plurality of removable magazines currently attached to the rotatable
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`carousel.
`
`Claim 17:
`
`Freeman and Schaupp do not explicitly describe a magazine drive mechanism as
`
`described below. However, Seragnoli teaches the magazine drive mechanism as described
`
`below.
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`17. (New) The system of claim 1, wherein the magazine drive mechanism is located
`
`above the rotatable carousel. (Seragnoli: see the geared motor M (i.e., magazine drive
`
`mechanism) above the cylindrical body 2 (i.e., rotatable carousel) as illustrated in figures 1,
`
`2 and as described in col. 3, lines 56-68)
`
`Freeman, Schaupp, and Seragnoli are combinable for the same rationale as set forth
`
`above with respect to claim 1.
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`
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`Art Unit: 2121
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`Claim 18:
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`Freeman and Schaupp do not explicitly describe a magazine drive mechanism as
`
`described below. However, Seragnoli teaches the magazine drive mechanism as described
`
`below.
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`18. (New) The method of claim 9, wherein the magazine drive mechanism is located
`
`above the rotatable carousel. (Seragnoli: see the geared motor M (i.e., magazine drive
`
`mechanism) above the cylindrical body 2 (i.e., rotatable carousel) as illustrated in figures 1,
`
`2 and as described in col. 3, lines 56-68)
`
`Freeman, Schaupp, and Seragnoli are combinable for the same rationale as set forth
`
`above with respect to claim 1.
`
`9.
`
`Claims 3, 5, 8, 11, 13, and 16 are rejected under pre-AIA 35 U.S.C. 103(a)
`
`as being unpatentable over US. Patent Application No. 2011/0301738 (Freeman)
`
`in view of US. Patent No. 5,545,286 (Schaupp) and further in view of US. Patent
`
`No. 3,929,326 (Seragnoli), US. Patent Publication No. 2007/00224008 (Bass II),
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`US. Patent Publication No. 2012/0038453 (Bass).
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`
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`Claim 3:
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`Freeman, Schaupp, Seragnoli, and Bass 11 do not explicitly describe a server as described
`
`below. However, Bass teaches the server as described below.
`
`Bass describes the system of claim 5, wherein the remote storage device is a server.
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`(Bass: “Optionally, the data key may be electronically transferred to a personal computing
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`device, such as for example, a smart phone through a smart phone application (an "App")
`
`or a text message. It may be stored on a server and available to the customer through a
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`downloadable file, email, or website link. Thus, the customer may obtain their data key
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`and have it with them any time they have their personal computing device, such as a smart
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`phone, a personal digital assistant ("PDA") or access to a computing device.” Paragraph
`
`0031)
`
`One of ordinary skill in the art would have recognized that applying the known technique
`
`of Freeman, namely, a key shopping system, the known techniques of Schaupp, namely, a rotary
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`carousel item delivery system, and the known techniques