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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16 and 31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 16 and 31 both recite a ratio but the basis for the ratio is unclear. Is it w/w or w/v or some other basis?
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 12-14, 16-17, 24-28 and 31-35 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 2016/0222332 (PEIRSMAN) in view of JP2018177317 (‘377 Application) and United States Patent Application No 2018/0251361 (WING) in view of United States Patent Application Publication No. 2018/0257919 (BALSTAD).
Claim 12
PEIRSMAN teaches a method comprising selecting a drink with alcohol and sugar [0007], [0029]. [0028] teaches that a base liquid can be an alcohol or non-alcoholic liquid, a carbonated or non-carbonated liquid, or various combinations thereof. In some embodiments, an alcoholic liquid can be used as a base liquid, such as a beer (including ales and lagers), a cider, a wine, a malt-based beverage, a fermented beverage, a cider-based beverage, a spirit, and the like. In other embodiments, non-alcoholic versions of these various types of liquids can be used as a base liquid. The base liquid can also be a non-alcoholic liquid such as a beer, a juice, a syrup, a carbonated or non-carbonated water, a carbonated or non-carbonated soft drink, a coffee, a tea, a milk, a plant extract, and the like.
In [0039], it is taught that the base can be diluted with water. In [0100], it is taught that a hypercarbonated base liquid ale that is concentrated to two times the sugar content of the high-gravity beer from which it was concentrated, and having an alcohol concentration of between 8 and 10 alcohol by volume (ABV) and a temperature of 2.5° C., is mixed with the contents of a concentrated ingredient pod that contains 8 grams of hop concentrates and a foaming promoter. Hypercarbonated water is added to the beverage to form a 16 ounce beverage, and the beverage is chilled to a temperature of below 0° C. and dispensed into a glass.
In [0019], it is taught that these ingredients can be mixed together in an appliance for preparing a beverage that comprises a microprocessor configured to control a valve capable of varying the flow rate in each of the first side line and the second side line. This includes “soft drinks” [0005], [0009], [0025], [0035], [0043]. Thus, PEIRSMAN does teach using the product in the same manner as a “soda machine”.
It would have been obvious to provide a base/syrup with a defined alcohol and sugar that when combine with water provides a drink with a predetermined/defined of alcohol and sugar.
PEIRSMAN is silent as to the alcohol-based syrup being stored in a multi-layered bag as claimed and being attachable to a soda machine.
As to the term “attachable”, it is noted that the bag only has to be capable of being fastened to a soda machine. It would have been obvious to one skilled in the art to provide a container that is attachable to a dispensing device so that one can deliver the product in a consumable form.
The ‘377 application teaches an inner bag for a bag-in-box that can sufficiently withstand, in particular, an impact due to transportation or dropping It was also found that when a bag-in-box inner bag having a predetermined heat-sealing energy is used, the impact due to drop etc. is remarkably improved as compared to the bag-in-box inner bag which only enhances the heat seal strength (lines 105-100). The bag comprises multiple layers with at least one layer comprising polyester (lines 364-373). Liquids that can be used in the bag include liquors (lines 72-73). At lines 454-460, it taught that the bag can include a valve/plug so that the bag can be filled and removed. In that the bag has a valve/plug, it would have been obvious that the bag is capable of being attached to a machine.
It would have been obvious to use the material of the ‘377 application in PEIRSMAN to provide a tougher, more durable bag.
The references are silent as to delivering the final beverage with a soda machine with multiple outlets.
WING teaches that it is desirable to have multiple outlets/dispensers. It easier to select a user’s favorite flavor characteristics. On an aggregate level, across multiple dispensers, it improves the operation of each dispenser by optimizing the flavors and their characteristics [0288].
It would have been obvious to one skilled in the art to add multiple dispensers to the product of the references above, as it improves the operation of each dispenser by optimizing the flavors and their characteristics.
The references above are silent as to using a soda gun machine with the soda machine.
BALSTAD teaches a bar gun assembly configured to dispense soda. Figure 3 is as follows:
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In [0050] of BALSTAD, to dispense a beverage from the dispensing system having a user interface as shown in FIG. 5B, a user may select one or more flavor or ingredient options and a beverage option or a water option to which the flavor or ingredient option will be added. Indicators may show the user which beverage options have been selected. The user may then press the dispense button which may cause the selected beverage and/or water to be dispensed at a predetermined flow rate and the selected flavor or ingredient option to be dispensed at another predetermined flow rate. See figure 5 of BALSTAD:
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BALSTAD teaches a bag-in-a-box (BiB) may be used in some embodiments to provide those beverage ingredients, such as soft drink syrup, to the dispense device(s). In some embodiments, multiple BiB may be stacked or placed on a rack. In some embodiments, BiB may include a bag or bladder, composed of plastic or metalized film within a corrugated fiberboard box [0031].
Thus, it would have been obvious to provide a soda gun to a multi-layered bag to the soda gun or a soda fountain machine already configured to dispense non-alcoholic beverages, wherein the existing soda gun comprises a soda gun beverage output and a handle, wherein the handle has soda gun buttons and is coupled to a feed tube assembly with multiple feed lines, wherein the soda fountain comprises multiple soda fountain beverage outputs, and wherein each of the soda fountain beverage outputs has an associated feed line and soda fountain lever: and dispensing the beverage from the soda gun beverage output or from one of the soda fountain beverage outputs in response to actuation of one of the soda gun buttons or soda machine levers such that the syrup stored in the multi-layered bag is combined with the water in the selected ratio and dispenses the beverage from one of the soda fountain beverage outputs until the soda gun button or one of the soda fountain levers is released.
Claim 13
In [0012] of PEIRSMAN, at least one ingredient is a solid or liquid concentrated ingredient selected from the group consisting of hop concentrates, fruit concentrates, sweeteners, bittering additives, concentrated spices, foaming promoters, concentrated malt-based liquids, concentrated fermented liquids, concentrated beer, colorants, alcohols, flavoring additives, and mixtures thereof.
Claim 14
[0028] of PEIRSMAN teaches carbonated water.
Claim 16
In [0033], the base liquid is concentrated from 1.5 to 5 times the original liquid/water. It would have bene obvious to provide a 2:1 to 5:1 ratio of water to concentrate (i.e., touching on and falling within the 2:1 to 30:1 ratio) given that falls within the recommended amount in which the concentrated liquid/syrup is concentrated.
Claim 17
In [0101], PEIRSMAN teaches a final alcohol content of 6-8% for the beverage. However, it would have been obvious to vary the amount of the final alcohol content based on the desired type and strength of the beverage produced.
Claim 24
PEIRSMAN teaches a method of making a cocktail [0006] comprising selecting a drink with alcohol and sugar [0007], [0029]. [0028] teaches that a base liquid can be an alcohol or non-alcoholic liquid, a carbonated or non-carbonated liquid, or various combinations thereof. In some embodiments, an alcoholic liquid can be used as a base liquid, such as a beer (including ales and lagers), a cider, a wine, a malt-based beverage, a fermented beverage, a cider-based beverage, a spirit, and the like. In other embodiments, non-alcoholic versions of these various types of liquids can be used as a base liquid. The base liquid can also be a non-alcoholic liquid such as a beer, a juice, a syrup, a carbonated or non-carbonated water, a carbonated or non-carbonated soft drink, a coffee, a tea, a milk, a plant extract, and the like.
In [0039], it is taught that the base can be diluted with water.
PERISMAN does not exemplify a cocktail but does reference using the pods to make cocktails in [0006]. In [0100], it is taught that a carbonated base liquid ale that is concentrated to two times the sugar content of the high-gravity beer from which it was concentrated, and having an alcohol concentration of between 8 and 10 alcohol by volume (ABV) and a temperature of 2.5° C., is mixed with the contents of a concentrated ingredient pod that contains 8 grams of hop concentrates and a foaming promoter. Carbonated water is added to the beverage to form a 16 ounce beverage, and the beverage is chilled to a temperature of below 0° C. and dispensed into a glass [0028].
Thus, it would have been obvious to provide a base/syrup with a defined alcohol and sugar that when combine with water provides a drink with a predetermined/defined of alcohol and sugar.
In [0019], it is taught that these ingredients can be mixed together in an appliance for preparing a beverage that comprises a microprocessor configured to control a valve capable of varying the flow rate in each of the first side line and the second side line. This includes “soft drinks” [0005], [0009], [0025], [0035], [0043]. Thus, PEIRSMAN does teach using the product in the same manner as a “soda machine”.
Thus, it would have been obvious to provide a base/syrup with a defined alcohol and sugar that when combine with water provides a drink with a predetermined/defined of alcohol and sugar.
Moreover, it would have been obvious to use the same amount of dilution/ratio of ingredients for a cocktail.
The references above are silent as to using a soda gun machine with the soda machine.
BALSTAD teaches a bar gun assembly configured to dispense soda. Figure 3 is as follows:
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In [0050] of BALSTAD, to dispense a beverage from the dispensing system having a user interface as shown in FIG. 5B, a user may select one or more flavor or ingredient options and a beverage option or a water option to which the flavor or ingredient option will be added. Indicators may show the user which beverage options have been selected. The user may then press the dispense button which may cause the selected beverage and/or water to be dispensed at a predetermined flow rate and the selected flavor or ingredient option to be dispensed at another predetermined flow rate. See figure 5 of BALSTAD:
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BALSTAD teaches a bag-in-a-box (BiB) may be used in some embodiments to provide those beverage ingredients, such as soft drink syrup, to the dispense device(s). In some embodiments, multiple BiB may be stacked or placed on rack. In some embodiments, BiB may include a bag or bladder, composed of plastic or metalized film within a corrugated fiberboard box [0031].
Thus, it would have been obvious to provide a soda gun to a multi-layered bag to the soda gun or a soda fountain machine already configured to dispense non-alcoholic beverages, wherein the existing soda gun comprises a soda gun beverage output and a handle, wherein the handle has soda gun buttons and is coupled to a feed tube assembly with multiple feed lines, wherein the soda fountain comprises multiple soda fountain beverage outputs, and wherein each of the soda fountain beverage outputs has an associated feed line and soda fountain lever: and dispensing the beverage from the soda gun beverage output or from one of the soda fountain beverage outputs in response to actuation of one of the soda gun buttons or soda machine levers such that the syrup stored in the multi-layered bag is combined with the water in the selected ratio and dispenses the beverage from one of the soda fountain beverage outputs until the soda gun button or one of the soda fountain levers is released.
Claim 25
In [0012] of PEIRSMAN, at least one ingredient is a solid or liquid concentrated ingredient selected from the group consisting of hop concentrates, fruit concentrates, sweeteners, bittering additives, concentrated spices, foaming promoters, concentrated malt-based liquids, concentrated fermented liquids, concentrated beer, colorants, alcohols, flavoring additives, and mixtures thereof.
Claim 26
In [0012] of PEIRSMAN, at least one ingredient is a solid or liquid concentrated ingredient selected from the group consisting of hop concentrates, fruit concentrates, sweeteners, bittering additives, concentrated spices, foaming promoters, concentrated malt-based liquids, concentrated fermented liquids, concentrated beer, colorants, alcohols, flavoring additives, and mixtures thereof.
Claims 27-28
As to claims 27-28, water and carbonated water are used [0028].
Claim 31
In [0033], the base liquid is concentrated from 1.5 to 5 times the original liquid/water. It would have bene obvious to provide a 2:1 to 5:1 ratio of water to concentrate (i.e., touching on and falling within the 2:1 to 30:1 ratio) given that falls within the recommended amount in which the concentrated liquid/syrup is concentrated.
Claim 32
In [0101], PEIRSMAN teaches a final alcohol content of 6-8% for the beverage. However, it would have been obvious to vary the amount of the final alcohol content based on the desired type and strength of the beverage produced.
Claim 33
PEIRSMAN does not mention refrigeration. It would have been obvious to one skilled in the art such configurations do not require refrigeration.
Claim 34
In [0100] of PEIRSMAN , a beer is used ( i.e., a fermented beverage).
Claim 35
In [0006]-[00007] and [0028], PEIRSMAN teaches that fruit-flavored carbonated beverages can be produced. Thus, it would have been obvious to one skilled in the art to provide a flavored hard seltzer.
Claims 36-38
As to claims 36-38, PEIRSMAN teaches the system further comprises a carbonator for carbonating the beverage produced from the base liquid and the at least one ingredient. This would require carbon dioxide and regulator. PEIRSMAN teaches a method comprising selecting a drink with alcohol and sugar ([0007], [0029]). [0028] teaches that a base liquid can be an alcohol or non-alcoholic liquid, a carbonated or non-carbonated liquid, or various combinations thereof. PERISMAN does not exemplify a cocktail but does reference using the pods to make cocktails in [0006]
The references above are silent as to using a soda gun machine with the soda machine.
BALSTAD teaches a bar gun assembly configured to dispense soda. Figure 3 is as follows:
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In [0050] of BALSTAD, to dispense a beverage from the dispensing system having a user interface as shown in FIG. 5B, a user may select one or more flavor or ingredient options and a beverage option or a water option to which the flavor or ingredient option will be added. Indicators may show the user which beverage options have been selected. The user may then press the dispense button which may cause the selected beverage and/or water to be dispensed at a predetermined flow rate and the selected flavor or ingredient option to be dispensed at another predetermined flow rate. See figure 5 of BALSTAD:
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BALSTAD teaches a bag-in-a-box (BiB) may be used in some embodiments to provide those beverage ingredients, such as soft drink syrup, to the dispense device(s). In some embodiments, multiple BiB may be stacked or placed on rack. In some embodiments, BiB may include a bag or bladder, composed of plastic or metalized film within a corrugated fiberboard box [0031].
Thus, it would have been obvious to provide a soda gun to a multi-layered bag to the soda gun or a soda fountain machine already configured to dispense non-alcoholic beverages, wherein the existing soda gun comprises a soda gun beverage output and a handle, wherein the handle has soda gun buttons and is coupled to a feed tube assembly with multiple feed lines, wherein the soda fountain comprises multiple soda fountain beverage outputs, and wherein each of the soda fountain beverage outputs has an associated feed line and soda fountain lever: and dispensing the beverage from the soda gun beverage output or from one of the soda fountain beverage outputs in response to actuation of one of the soda gun buttons or soda machine levers such that the syrup stored in the multi-layered bag is combined with the water in the selected ratio and dispenses the beverage from one of the soda fountain beverage outputs until the soda gun button or one of the soda fountain levers is released.
Response to Arguments
Applicant's arguments filed 3/16/2026 have been fully considered but they are not persuasive.
The applicant argues that the cited art does not teach the claimed soda gun recitations. However, BALSTAD is now cited.
Additionally, it is noted that applicant argues that the combination of PERISMAN, the ‘377 application and WING would require the skilled artisan to abandon core structural principles for each invention. However, the claimed invention is a method and the prior art highlights the obviousness of working with beverages and syrups, as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP A DUBOIS whose telephone number is (571)272-6107. The examiner can normally be reached M-F, 9:30-6:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nikki Dees can be reached on 571-270-3435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP A DUBOIS/Examiner, Art Unit 1791
/Nikki H. Dees/Supervisory Patent Examiner, Art Unit 1791
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