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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/28/25 has been entered.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3, 5, 7-8 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyer (WO2008082394).
Boyer teaches a method for filling a barrel of a frozen beverage dispenser to create a beverage (par. 0001) via supply lines comprising a base supply line (par. 0008 diluent) and a concentrate supply line (par. 0008 syrup), the method comprising:
determining a target brix level for the beverage (par. 00030 pg. 8 lines 5-6 desired ratio; par. 00037);
determining a starting fill setting for at least one of the supply lines (par. 00030 pg. 8 lines 5-6 desired ratio; par. 00037; par. 00037 syrup volume, water/syrup ratio) for filling a desired amount of content into the barrel therefrom (par. 00030 pg. 8 lines 5-6 desired ratio; par. 00037 syrup volume, water/syrup ratio)
configuring a control system to control one of the base supply line and the concentrate line separately from the other (par. 00030-00031; par. 00037);
detecting a pressure within the barrel (par. 00030; freezing cylinder “pressure trigger in place of float switch; liquid level dropping below a certain level),
receiving via the control system the pressure (par. 00030) and determining an expected deviation (par. 00030 liquid level below preset value, liquid level satisfied) from the desired amount of content to be filled by the supply line caused by the pressure detected (par. 00030 calculated amount; overall brix ratio).
adjusting the starting fill setting for the at least one of the supply lines to an adjusted fill setting (par. 00030 calculated amount; overall brix ratio) necessary to correct for the expected deviation caused by the pressure detected (par. 00030 liquid level below preset value, liquid level satisfied)
controlling the at least one of the supply lines at the adjusted fill setting to thereby correct for the expected deviation from the pressure and thereby fill the barrel with the desired amount of content therefrom (par. 00030 liquid level below preset value, liquid level satisfied).
Claim 3, wherein the pressure within the barrel is used for determining the adjusted fill setting for another of the supply lines for filling the barrel (par. 00030 calculated amount; overall brix ratio).
With respect to claim 4, the pressure is detected for both the at least one of the supply lines (par. 0011; volume, time; below preset volume) and the barrel (par. 00011; maintain desired ratio in the mixing container, current ratio).
Wherein the adjusted fill setting is determined for both the base supply line and the concentrate supply line (par. 00030 calculated amount; overall brix ratio) and where both the base supply line and the concentrate supply line are controlled according to the adjusted fill settings corresponding thereto (par. 00030 calculated amount; overall brix ratio).
With respect to claim 7, the starting fill setting and the adjusted fill setting each include a flow rate (par. 00030 flow sensor).
With respect to claim 8, wherein the starting fill setting and the adjusted fill setting each include a duty cycle (par. 00031; par. 00037 set pulses).
Claim 12, wherein the adjusted fill setting is one of a plurality of adjusted fill settings stored in a memory system (par. 00030 ratio stored) as a function of the pressure detected (par. 00030 calculated amount).
Claims 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gist et al. (20120222434).
Gist teaches a method for filling a barrel of a frozen beverage dispenser to create a beverage (par. 0023) via supply lines comprising a base supply line (par. 0024; water supply and/or after carbonation) and a concentrate supply line (par. 0024 ref. 85), the method comprising:
determining a target brix level for the beverage (par. 0024 selectable and adjustable ratio)
determining a starting fill setting for at least one of the supply lines for filling a desired amount of content (par. 0024 selectable and adjustable ratio) into the barrel (par. 0024 ref. 44) therefrom,
configuring a control system (par. 0033 controller) to control at least one of the concentrate valve and the base valve separately from the other (par. 0024 individual ratio)
detecting a pressure within the barrel (par. 0025 ref. 124),
receiving via the control system the pressure (par. 0024, 0025) and determining an expected deviation (par. 0025 liquid level below preset value, lower limit relative upper limit i.e. desired, real-time) from the desired amount of content to be filled by one or more of the supply lines caused by the pressure detected (par. 0025 liquid level below preset value, lower limit relative upper limit i.e. desired)
adjusting the starting fill settings for at least one supply line (par. 0025, par. 0029; fill setting with respect to introduction of CO2 before water/syrup mixture delivered, i.e. initial batch settings; predetermined), to an adjusted fill settings (par. 0025, par. 0029 adjusted with respect to real-time, needed additional), necessary to correct for the expected deviation caused by the pressure detected (par. 00030 liquid level below preset value, liquid level satisfied)
controlling the at least one of the supply lines at the adjusted fill setting (par. 0025, 0029) to thereby correct for the expected deviation from the pressure and thereby fill the barrel with the desired amount of content therefrom (par. 0025 liquid level below preset value, lower limit relative upper limit i.e. desired, real-time).
With respect to claim 2, where both a pressure and temperature are detected in at least one of the supply line (par. 0025; incoming water), the base supply line (par. 0025 incoming water; par. 0024 out sensor), the concentrate supply line (par. 0024 out sensor) and/or the barrel (par. 0029 pressure) and the adjusted fill setting is controlled based on both the pressure and the temperature detected (par. 0024 water and syrup mixture ratio; 0029 refill realtime).
Claim 3, wherein the pressure within the barrel is used for determining the adjusted fill setting for another of the supply lines for filling the barrel (par. 0025, 0029 water/syrup mixture delivered).
With respect to claim 4, the pressure is detected for both the at least one of the supply lines (par. 0025; out condition) and the barrel (par. 0029).
Claim 5, Wherein the adjusted fill setting is determined for both the base supply line and the concentrate supply line (par. 0025, 0029 water/syrup mixture delivered) and where both the base supply line and the concentrate supply line are controlled according to the adjusted fill settings corresponding thereto (par. 0025, 0029 water/syrup mixture delivered).
With respect to claim 8, wherein the starting fill setting and the adjusted fill setting each include a duty cycle (par. 0029 relative any; on/off).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Gist et al. (20120222434) in view of Ainslie (EP3415843).
With respect to Independent claim 20, Gist teaches a method for filling a barrel of a frozen carbonated beverage dispenser (par. 0024) to create a beverage (par. 0023), the method comprising:
determining a target brix level for the beverage (par. 0024 selectable and adjustable ratio)
determining starting fill settings for supply lines that fill the barrel for filling a desired amount of content (par. 0024 selectable and adjustable ratio) into the barrel (par. 0024 ref. 44) therefrom, wherein the supply lines include a concentrate supply line (par. 0024 ref. 85), a carbonation supply line (par. 0025 relative fig. 3 ref. 116), and a base supply line (par. 0024; water supply and/or after carbonation) that fill the barrel via a concentrate valve (par. 0024 ref. 84), carbonation valve (par. 0024 ref. 102; par. 0025 ref. 121), and a base valve (par. 0024 ref. 98), respectively;
configuring a control system (par. 0033 controller) to control at least one of the concentrate valve and the base valve separately from the other (par. 0024 individual ratio)
detecting a temperature (par. 0025 temperature of incoming water) and pressure (par. 0024 ref. 94) within the water supply lines and carbonation supply lines (par. 0024) and a pressure in the barrel (par. 0025 ref. 124) and a pressure of the concentrate supply line (par. 0024 ref. 86)
receiving via the control system the pressure and the temperature (par. 0024, 0025), determining an expected deviation (par. 0025 liquid level below preset value, lower limit relative upper limit i.e. desired, real-time) from the desired amount of content to be filled by one or more of the supply lines caused by the pressure detected (par. 0025 liquid level below preset value, lower limit relative upper limit i.e. desired)
adjusting one or more of the starting fill settings (par. 0025, par. 0029; fill setting with respect to introduction of CO2 before water/syrup mixture delivered, i.e. initial batch settings; predetermined), to one or more adjusted fill settings respectively (par. 0025, par. 0029 adjusted with respect to real-time, needed additional), necessary to correct for the expected deviation caused by the pressure detected (par. 00030 liquid level below preset value, liquid level satisfied)
controlling the at least one of the concentrate valve or the base valve according to the one or more adjusted fill setting (par. 0025, 0029), respectively, to thereby correct for the expected deviation from the pressure and thereby fill the barrel with the desired amount of content therefrom (par. 0025 liquid level below preset value, lower limit relative upper limit i.e. desired, real-time).
Gist teaches adaptive control for frozen products and thus one of ordinary skill in the art would have been motivated to look to the art of control of operating parameters for slush generator devices as taught by Ainslie.
Ainslie teaches the slush generator with cooling means comprising a liquid feed temperature sensor (par. 0025 lines 40-42) and a temperature sensor of the flowable slush in the storage tank (par. 0035).
Thus since both recognize the need to maintain operating parameters specific to achieving the frozen product and since Gist recognizes temperature sensors. Though silent to detecting temperature in the barrel, or temperature in the concentrate supply line. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further incorporate the liquid feed temperature sensor (par. 0025 lines 40-42) and a temperature sensor of the flowable slush (par. 0035), since the determining of the expected deviation does not depend on the temperatures, since Gist teaches the solution as a result of a same pressure and since Gist recognizes temperature sensors thus achieving a same final product of desired consistency as taught by both which is a product of temperature control as further taught by Ainslie.
Claims 6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Boyer (WO2008082394) in view of Andreis et al. (20180126347).
Boyer teaches a beverage control system for mixing at desired ratio and automatic control of a desired brix ratio (par. 00027) and thus one of ordinary skill in the art would have been motivated to look to the art of beverage production which maintain specific ratios between syrup and water to correctly prepare drinks as taught by Andreis (par. 0014).
More specifically Andreis teaches providing individually through a control valve a first syrup product and a second fluid to be mixed, including water (par. 0033) and a brix sensor to identify the final quality of a beverage through on-line measurement in real time to optimize the drink quality (par. 0015).
Thus since both teach control of flow through valves to obtain a desired mixture ratio, since both teach providing measurement and control signals to a control unit for controlling a final obtained mix ratio by updating control parameters in real time and since Boyer recognizes sensors within the barrel for providing the control unit brix specific information (par. 0030).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further incorporate a detector of an actual brix level as taught by Andreis, within the barrel thus achieving the art defined advantage of providing real time measurement during beverage production which provides an actual brix level within the barrel to the control unit thus further providing an additional fault check to verify the results and achieving a same final product as defined by the desired mix ratio as taught by both.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to substitute one detecting method with that of another, such as in the instant case a brix sensor thus achieving the art defined advantage of providing real time measurement during beverage production which provides an actual brix level within the barrel to the control unit and achieving a same final product as defined by the desired mix ratio as taught by both.
With respect to claim 9, Boyer teaches controlling a defined mix ratio to a mixing chamber for obtaining a specific end product, in addition to teaching a control of the supply lines dependent on the mixing container dropping to a preset level (par. 00030).
Thus since both teach control of flow through valves to obtain a desired mixture ratio, since both teach providing measurement and control signals to a control unit for controlling a final obtained mix ratio by updating control parameters in real time and since Boyer recognizes sensors within the barrel for providing the control unit brix specific information (par. 0030).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further incorporate measuring a first actual brix level, and changing control of at least one of the supply lines due to a detector of an actual brix level as taught by Andreis, within the barrel thus achieving the art defined advantage of providing real time measurement during beverage production which provides an actual brix level within the barrel to the control unit thus further providing an additional fault check to verify the results and achieving a same final product as defined by the desired mix ratio as taught by both.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to substitute one detecting method with that of another, such as in the instant case a brix sensor thus achieving the art defined advantage of providing real time measurement during beverage production which provides an actual brix level within the barrel to the control unit and achieving a same final product as defined by the desired mix ratio as taught by both.
With respect to measuring a second actual brix level, where Boyer teaches re-filling of the mixer barrel (par. 00030) and since Boyer teaches a controller where the starting fill setting is based on a detected change. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to control the volume of the mixing chamber as defined by a pre-defined ratio of first and second mixing ingredients as taught by Boyer, by detecting an actual brix value as taught by Andreis, relative a first and second filling as taught by Boyer. Thus, achieving the art defined purpose of providing the controller real time information which the control unit uses to calculate a preset amount of time the valves are open based on a desired water to syrup ratio as taught by Boyer.
With respect to claim 10, Boyer teaches the at least one of the supply lines is the concentrate supply line (pg. 8 lines 1-4), and wherein control of the base supply line remains unchanged (pg. 8 lines 5-6) when the control of the concentrated supply line is changed to determine the starting fill setting, where it is noted the amount of water remains unchanged relative the syrup to water ratio.
Alternatively with respect to claim 10, Boyer teaches the at least one of the supply lines is the concentrate supply line (pg. 3 lines 1-4; par. 00011), and wherein control of the base supply line remains unchanged (pg. 3 lines 1-4; control relative following first preset volume; unchanged; sequential order) when the control of the concentrated supply line is changed (pg. 3 lines 1-4 relative closing valve after predetermined time; change relative operation; alternatively changed relative initial volume delivered par. 00011) to determine the starting fill setting (desired ratio; par. 00011 control system diagnose; with/without fault setting).
With respect to claim 11, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to control the concentrate supply line to change from a duty cycle of 75%, i.e. with 25% water duty cycle, to a duty cycle of 100% for measuring the second actual brix level in the instant the syrup does not meet the predetermined volume, thus providing a step of additional syrup supply to achieve the desired mix ratio of the second filling relative the second brix level detected.
In addition, since Boyer teaches flow controllers and a control system to achieve a predefined ratio of products. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to define the flow sensor relative time, i.e. duty cycle, since the only difference between the prior art and the claims was a recitation of relative times with respect to the concentrate and one of ordinary skill in the art would not expect the method of the instant claims to perform differently than the prior art method, thus the claimed method is not patentably distinct from the prior art method (See MPEP 2144.04 IV A). "Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation," (see MPEP 2144.05 IIA), as the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP 2144.05 IIA) to achieve the predetermined brix ratio, with no change in their respective functions, thus yielding predictable results to one of ordinary skill in the art at the time of the invention and since the selection of a known process based on its suitability for its intended use supports a prima facie obviousness determination.
Response to Arguments
With respect to applicants urging to Boyer and specifically with respect to the teachings of Boyer with respect to figure 1 are persuasive.
With respect to applicants urging is silent to the claimed “pressure or temperature”. Boyer is relied upon to teach the claimed amendments with respect to detecting a pressure within the barrel (par. 00030; freezing cylinder “pressure trigger in place of float switch; liquid level dropping below a certain level).
Receiving via the control system the pressure (par. 00030) and determining an expected deviation (par. 00030 liquid level below preset value, liquid level satisfied) from the desired amount of content to be filled by the supply line caused by the pressure detected (par. 00030 calculated amount; overall brix ratio), adjusting the starting fill setting for the at least one of the supply lines to an adjusted fill setting (par. 00030 calculated amount; overall brix ratio) necessary to correct for the expected deviation caused by the pressure detected (par. 00030 liquid level below preset value, liquid level satisfied), controlling the at least one of the supply lines at the adjusted fill setting to thereby correct for the expected deviation from the pressure and thereby fill the barrel with the desired amount of content therefrom (par. 00030 liquid level below preset value, liquid level satisfied).
In addition with respect to applicants urging Boyer teaches prediction or determination. Importantly it is the pressure sensor which predicts and determines the expected deviation, i.e. expected volume.
With respect to applicants urgings applicants specification teaches equations. The claims require “determining” which does not require applicants urged equations to determine the expected deviation.
Newly cited Gist and Ainslie are further relied upon with respect to the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Leff whose telephone number is (571) 272-6527. The examiner can normally be reached on Mon-Fri 8:30 - 5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/Primary Examiner, Art Unit 1792