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 .
Response to Amendment
The amendment filed on 13 JULY 2026 has been entered.
In view of the amendment to the claims, the amendment of claims 1 and 3-4, and the cancellation of claim 5 have been acknowledged.
Pending Claims: 1-4 and 6-20
Withdrawn Claims: 8-20
Cancelled Claims: 5
In view of the amendment to claim 1, the rejections under 35 U.S.C. 102 have been withdrawn and new rejections under 35 U.S.C. 103 have been made.
Response to Arguments
Applicant’s arguments filed on 13 JULY 2026 have been fully considered.
Applicant argues that Jersey does not teach the newly amended limitations of instant claim 1 and so instant claim 1 and all dependent claims are now allowable (Arguments filed 13 JULY 2026, Pages 9-16).
Applicant’s arguments with respect to claims 1-4 and 6-7 and Jersey have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The clarification and expansion of limitations of instant claim 1 has required a reconsideration of the combination of all elements and has thus led to a new rejection under 35 U.S.C. 103.
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 (i.e., changing from AIA to pre-AIA ) 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, 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 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.
Claims 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Olson et al, US Patent Application No. US 20060021919 A1 (hereinafter Olson), in view of Merali et al, International Patent Application No. WO 2016029294 A1 (hereinafter Merali), in view of Showalter, US Patent Application No. US 20170362071 A1, (hereinafter Showalter).
Regarding Claim 1, Olson teaches a water treatment device for adding consumable additives to water (i.e., a beverage dispensing system; Paragraphs 0002-0003)
In which the water filtration system (i.e., a water system comprising; Fig. 6, #15; Paragraph 0043)
comprises an unfiltered water source (i.e., a water source; Fig. 6, #18; Paragraph 0043),
a pump (i.e., an additive dispenser; Fig. 6, #32) and a reservoir containing one or more additives (i.e., an additive dispenser; Fig. 6, #26) connected an in fluid communication with the water source via outlet mixer (Fig. 6, #42) and outlet (i.e., coupled to the water source; Fig. 6, #24; Paragraphs 0043-0044),
a limiting valve (i.e., a valve; Fig. 6, #36) located on the additive outlet (Fig. 6, #28) which is connected to the outlet mixer (i.e., coupled and in fluid communication with the water source and the additive dispenser; Paragraphs 0043-0044),
communication of data and signals among controllers, analyzers, valves, and pumps (i.e., a communication system comprising; Paragraph 0068),
a controller (i.e., a controller; Fig. 6, #34) in communication with (i.e., in electronic communication with) the valve (i.e., the valve), the pump (i.e., the additive dispenser), a mineral content analyzer (Fig. 6, #38), and a flow meter (Fig. 6, #40; Paragraphs 0043-0045), wherein the controller may comprise a microprocessor or a computer (i.e., the controller comprising a processor and a memory device; Paragraphs 0039 and 0068),
wherein the user selects and amount of additive to be in the filtered water at an input device (i.e., receive, from a user device; Paragraph 0039) such that a predetermined concentration of additives will be yielded in the final treated water product (i.e., a request for customized water; Paragraph 0043) at points such as drinking water delivery systems such as water coolers (i.e., at a point of use; Paragraph 0071),
then the mineral content analyzer detects a level of a mineral additive, such as calcium, in the filtered water and reports the level of the mineral to the controller (i.e., receive based on the request, first sensor data from at least one sensor in fluid communication with an input of the additive dispenser; Paragraph 0035),
wherein the first sensor data is the concentration of minerals in the filtered water and/or the flow rate of the filtered water exiting the water filter and wherein other sensors such as total dissolved solids sensors can also be used (i.e., wherein the first sensor data specifies a water characteristic of the water source, the water characteristic comprising at least one of total dissolved solids information associated with the water, a chemical composition of the water, and a flow rate of the water; Paragraphs 0035-0036, 0043-0044),
wherein the controller determines that additional mineral is required based on the level of mineral in the water and the predetermined desired concentration (i.e., determine, based on the first sensor data, a difference between the water characteristic of the water source and a desired water characteristic of the customized water; Paragraph 0044),
and sends a signal to dispense mineral additive to be dispensed into the filtered water by controlling the valve and/or the pump (i.e., control the additive dispenser and the valve to modify the water to produce the customized water at the point-of-use based on the difference between the water characteristic of the water source and the desired water characteristic of the customized water; Paragraphs 0043-0044).
Olson further teaches level gauges, totalizers on additives, and life indicators to aid in additive reservoir replacement (Paragraph 0048).
Olson does not teach (1) a communication network and (2) a memory device configured to store instruction which, when executed, cause the processor to perform the above mentioned steps, (3) determine that at least one amount of at least one additive for compensating the difference is available and insufficient to create the customized water, (4) cause an error message to be displayed at a user interface associated with the point-of-use based on determining that the at least one amount of the at least one additive is insufficient to create the customized water, the error message indicating an insufficient additive level is available to complete the request, and control the additive dispenser (5) when the at least one amount of the at least one additive is determined to be sufficient to produce the customized water. Essentially, Olsen teaches a more simple controller set-up that performs most of the instructions but is missing the additive level checking prior to dispensing and the more complicated communication network.
However, Merali teaches a method of blending beverages or flavorings (Paragraph 0002) wherein the main controller interfaces with other controllers and subsystems with interfaces for two-way communication such as display kiosks, mobile phones or personal computers (Paragraph 0195) wherein the system is connected over a network (i.e., a controller in electronic communication with a communication network; Paragraph 00128),
wherein the control subsystems receive instructions regarding quantity of product to dispense (Paragraph 0196) with instructions stored in memory (i.e., and a memory device configured to store instructions which, when executed, cause the processor to; Paragraph 00121),
wherein the system receives a code defining any and/or every aspect of a blend for a beverage from a mobile device from a user (i.e., receive, from a user device connected to the communication network, a request for customized water at a point-of-use; Paragraph 0316), then a device interaction module (DIM) receives and transmits signals corresponding to the types and/or amounts of products to be included in the beverage and confirms that sufficient stock level are available in a particular device, wherein, if there are insufficient stock levels (i.e., determine that at least one amount of at least one additive for compensating the difference is available and insufficient to create the customized water),
the DIM causes a transaction cancellation message to be sent to the user interaction module (UIM) (i.e., cause an error message to be displayed at a user interface associated with the point-of-use based on determining that the at least one amount of the at least one additive is insufficient to create the customized water, the error message indicating an insufficient additive level is available to complete the request)
and, if there are sufficient stock levels, the DIM saves some or all of the transaction signal data to memory, and then beverage preparation is completed (i.e., control the additive dispenser when the at least one amount of the at least one additive is determined to be sufficient to produce the customized water; Paragraphs 0323-0325),
wherein the network is used to provide remote access or control to the user (Paragraph 0133) and the level checking allows the system to warn the user an ingredient is insufficient and present the user with alternative options (Paragraph 0223).
Merali is analogous to the claimed invention because it pertains to a system for the preparation of beverages (Paragraph 0126). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the additive dispenser as taught by Olsen with the networking and additive level checking as taught by Merali because the networking would allow the user to remotely access the additive dispenser and the additive level checking would warn the user that the amount of additive is insufficient and present the user with alternative options.
Olson in view of Merali does not teach the use of a smart valve.
However, Showalter teaches that a smart control valve controlled by a computer can be used for controlling the beverage volume dispensed in the user’s cup from a smartphone app (Paragraph 0139).
Showalter is analogous to the claimed invention because it pertains to systems for dispensing drinks (Paragraph 0002). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the additive dispenser made obvious by Olson in view of Merali with the smart control valve as taught by Showalter because the smart valve would allow the beverage volume to be controlled by a smartphone app.
Regarding Claim 2, Olson further teaches the use of the additive dispenser at points such as drinking water delivery systems such as water coolers (i.e., wherein the point-of-use is a water tap; Paragraph 0071).
Merali further teaches that the system can be a kiosk for ordering, customizing, preparing, and vending beverages (i.e., wherein the point-of-use is a beverage device; Paragraph 0127).
Regarding Claim 3, Olson further teaches wherein the controller sends a signal to dispense mineral additive to be dispensed into the filtered water by controlling the valve and/or the pump (i.e., wherein the additive dispenser is configured to deliver the at least one additive to the water received from the water source to produce the customized water; Paragraphs 0043-0044).
wherein the additive can be flavorings, vitamins, minerals, nutrients, coloring agents and extracts of natural oils (i.e., wherein the at least one additive is at least one of a flavoring compound, a mineral compound, dye, or nutrients; Paragraphs 0035-0036),
Regarding Claim 4, Merali further teaches a user database to store one or more customized blend recipes that a user has ordered, created, or associated with (Paragraph 0137), wherein a data signal from a user indicates a beverage ID (i.e., wherein the request identifies a custom water profile, and wherein the instructions, when executed, further cause the processor to), in which case the processor retrieves the blend recipe from memory (i.e., retrieve the custom water profile from a custom water profile data store and; Paragraph 0221)
containing a list of appropriate ingredients for the beverage (i.e., identify, based on the custom water profile from a custom water profile data store, the at least one additive and the at least one amount of the at least one additive to be delivered to the water; Paragraph 0221) and then, if there is sufficient inventory, fulfill the blended beverage order (i.e., wherein the additive dispenser is configured to produce the customized water by delivering the at least one amount of the at least one additive to the water; Paragraph 0222).
Regarding Claim 6, Olson further teaches that the user can select one or more additives from a plurality of reservoirs (Fig. 7) to add to the water and the additive can be based on the mineral content, flow, total dissolved solids, and/or other characteristics of the filtered water (i.e., wherein the request identifies the desired water characteristic, and wherein the instructions, when executed, further cause the processor to cause the additive dispenser to deliver and amount of the at least one additive to the water to produce the customized water having the desired water characteristic; Paragraphs 0043-0044).
Regarding Claim 7, Olson further teaches that the user can select one or more additives from a plurality of reservoirs (Fig. 7) to add to the water and the additive can be based on the mineral content, flow, total dissolved solids, and/or other characteristics of the filtered water (i.e., wherein the instructions, when executed, further cause the processor to receive second sensor data from the at least one sensor, determine, based on the second sensor data, an actual water characteristic of the input of the additive dispenser, determine a difference between the actual water characteristic and the desired water characteristic and determine, based on the difference, the amount of the at least one additive to be added to cause the customized water to have the desired water characteristic; Paragraphs 0043-0044).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ADRIEN GERMAIN whose telephone number is (703)756-5499. The examiner can normally be reached Mon - Fri 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached at (571)272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.A.G./ Examiner, Art Unit 1772
/Ryan B Huang/ Primary Examiner, Art Unit 1772
Prosecution Insights