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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/03/2025 has been entered.
Response to Amendment
Claims 1, 4-6, 8, 11, 12, and 15 are amended. Claims 2, 3, 8-10, 13, 14, 21, 24, and 26 are cancelled. Claims 27-30 are new. Thus, claims 1, 4-7, 11, 12, 15-20, 22, 23, and 25-30 are pending.
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, 5-7, 11, 16-20, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Klier et al. (US PGPub 2010/0151083, hereinafter Klier) in view of Farrell (US 7144150, hereinafter Farrell), Cronin et al. (US PGPub 2019/0339006, hereinafter Cronin), Ezagui (US PGPub 2019/0387768, hereinafter Ezagui), and Fortunato et al. (US PGPub 2018/0072555, hereinafter Fortunato).
Regarding claim 1, Klier discloses a blended drink kiosk comprising:
a first pump (figure 2, pump 127) to dispense a liquid (paragraph 0052, “container 126 containing concentrated flavored liquid”) ingredient in a metered fashion;
a blending apparatus (blender 160);
a storage compartment with a cup (figure 1, cups dispensing unit 175 would have a way to store the cups);
a cup transfer apparatus (dispensing unit 175) configured to transport said cup from said storage compartment to said blending apparatus; and
an exterior housing (paragraph 0015, “the housing”).
Klier is silent to a cleaning system. Farrell teaches a blended drink kiosk (figure 1) including a cleaning system (figures 4-7, nozzles 34). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a cleaning system, as in Farrell, for the purpose of avoiding contamination between drinks prepared by the apparatus.
Klier discloses a housing that is temperature controlled (paragraph 0015, “the temperature inside the housing is controlled by the computerized control unit”), but is silent to the cups being pre-filled with a solid ingredient and being stored within a temperature-controlled compartment. Farrell teaches cups that are pre-filled with solid ingredients (column 2, lines 59-61, “cup 14 is preferably a serving cup within which milkshake or other frozen drink ingredients have been pre-frozen into a block”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the cups of the apparatus of Klier with the solid ingredients of Farrell for the purpose of streamlining the process of producing a drink by having the final receptacle start by containing some of the ingredients. Further, in view of Klier teaching a temperature-controlled compartment, it would have been obvious to have stored the cups in such a compartment for the purpose of maintaining the ingredients in a frozen state, as taught by Farrell.
Klier in view of Farrell renders obvious ingredients including a frozen block in a cup, but does not explicitly disclose fruit or vegetables as recited. Cronin teaches a blended drink kiosk (figures 1A and 1B) that includes cups containing an ingredient transported to a mixing station (shuttle module 140 moving pod 135), wherein the cups contain ingredients including a fruit or a vegetable (paragraph 0058, “freeze dried fruits…freeze dried vegetables”). Further, Ezagui teaches a blended drink kiosk (figure 4) that pre-fills and transfers cups with ingredients including fruit (paragraph 0004, “chopped fruits and berries”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the combination of Klier and Farrel with fruits or vegetables for the purpose of producing a desired final product, given that the references indicate that fruits and vegetables are known ingredients used in blended drinks.
Klier does not explicitly disclose transmitting a signal including data. Fortunato teaches a system for blending ingredients (figure 1) that includes a communication unit (unit 15) that is configured to transmit a signal (note two-way arrows on connections 51 and 53, indicating transmitting and receiving). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier the communication capability, as in Fortunato, for the purpose of allowing users to order and receive mixtures without having to be close to the device. It is noted that any signal would contain the broadly-recited “data.”
Regarding claim 5, Klier discloses a user interface (figure 8, step 210 indicates that some sort of interface is present), but is silent to allowing for remote ordering and payment. Fortunato teaches a system for blending ingredients that includes a user interface (computing device 20) that allows for local and remote ordering and payment (paragraph 0033). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with an ordering system, as in Fortunato, for the purpose of allowing users to order and receive mixtures without having to be close to the device.
Regarding claim 6, Klier discloses a cup dispensary apparatus (paragraph 0031, “a vessel dispensing unit”).
Regarding claim 7, it is well-settled that the material or article worked up on does not limit apparatus claims. See MPEP 2115. Nonetheless, the apparatus of Klier would be fully capable of working upon the materials recited (see paragraph 0050), meeting the claims.
Regarding claim 11, Klier discloses a second pump to dispense a second liquid ingredient (paragraph 0053, “[t]ransfer mechanisms 118, 128 and/or 129 may include additional transfer elements, such as a pump 127”). The cited passage indicates that any or all of the transfer mechanisms may include a pump, which would meet the claimed first and second pumps.
Regarding claims 16, 17, and 19, Klier is silent to an application as recited. Fortunato teaches a mixing system that is configured to work with an application that runs on a device, wherein the device is a smartphone (paragraph 0033, “a smartphone”). The system of Fortunato would be fully capable of working with a third-party application, meeting the claim language of “configured to.” To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with the application, as in Fortunato, for the purpose of allowing users to order and receive mixtures without having to be close to the device.
Regarding claims 18 and 20, Klier is silent to an application. Fortunato is relied upon, as above, to teach an application, and further to teach an application allowing for inventory scheduling and modification of a mixture while it is being prepared (paragraphs 0033, and 0095). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with the application, as in Fortunato, for the purpose of allowing users to order and receive mixtures without having to be close to the device.
It is noted that the application itself is not positively claimed as part of the invention in claims 16-20. It is only claimed that the kiosk be capable of working with an application that has certain features. Given that the combination of Klier and Fortunato is fully capable of working with an application, it is considered to be fully capable of working with an application having the claimed features, given that the application is not positively claimed as part of the invention.
Regarding claim 29, Klier discloses a method of making a blend drink using a blended drink kiosk wherein said blended drink kiosk comprises:
a first pump (pump 127) to dispense said liquid ingredient in a metered fashion into said cup;
a blending apparatus (blender 160);
a cup transfer apparatus (dispensing unit 175);
the method comprising:
transporting one of said plurality of cups from said storage compartment to said blending apparatus using said cup transfer apparatus (paragraph 0062, “dispensed from cup dispensing unit 175”);
dispending a liquid ingredient (from container 126; paragraph 0053) into said one of said plurality of cups in a metered fashion via said first pump; and
blending said solid ingredient with said liquid ingredient in said cup using said blending apparatus (via blender 160).
Klier is silent to a cleaning system. Farrell teaches a blended drink kiosk (figure 1) including a cleaning system (figures 4-7, nozzles 34). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a cleaning system, as in Farrell, for the purpose of avoiding contamination between drinks prepared by the apparatus.
Klier discloses a housing that is temperature controlled (paragraph 0015, “the temperature inside the housing is controlled by the computerized control unit”), but is silent to the cups being pre-filled with a solid ingredient and being stored within a temperature-controlled compartment. Farrell teaches cups that are pre-filled with solid ingredients (column 2, lines 59-61, “cup 14 is preferably a serving cup within which milkshake or other frozen drink ingredients have been pre-frozen into a block”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the cups of the apparatus of Klier with the solid ingredients of Farrell for the purpose of streamlining the process of producing a drink by having the final receptacle start by containing some of the ingredients. Further, in view of Klier teaching a temperature-controlled compartment, it would have been obvious to have stored the cups in such a compartment for the purpose of maintaining the ingredients in a frozen state, as taught by Farrell.
Klier in view of Farrell renders obvious ingredients including a frozen block in a cup, but does not explicitly disclose fruit or vegetables as recited. Cronin teaches a blended drink kiosk (figures 1A and 1B) that includes cups containing an ingredient transported to a mixing station (shuttle module 140 moving pod 135), wherein the cups contain ingredients including a fruit or a vegetable (paragraph 0058, “freeze dried fruits…freeze dried vegetables”). Further, Ezagui teaches a blended drink kiosk (figure 4) that pre-fills and transfers cups with ingredients including fruit (paragraph 0004, “chopped fruits and berries”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the combination of Klier and Farrel with fruits or vegetables for the purpose of producing a desired final product, given that the references indicate that fruits and vegetables are known ingredients used in blended drinks.
Claims 4 and 12 rejected under 35 U.S.C. 103 as being unpatentable over Klier et al. (US PGPub 2010/0151083, hereinafter Klier) in view of Farrell (US 7144150, hereinafter Farrell), Cronin et al. (US PGPub 2019/0339006, hereinafter Cronin), Ezagui (US PGPub 2019/0387768, hereinafter Ezagui), and Fortunato et al. (US PGPub 2018/0072555, hereinafter Fortunato), as applied to claim 1 above, and further in view of Kang et al. (US PGPub 2018/0332997, hereinafter Kang).
Regarding claim 4, Klier is silent to a second temperature-controlled storage compartment. Kang teaches a blended drink kiosk (figure 2) in which containers are stored in separate compartments (storage 121-1, 121-2, and 121-3 can be seen to be in separate compartments in figure 2) that are temperature-controlled (figure 7, “refrigerator”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with multiple storage compartments for the purpose of allowing the contents of one storage compartment to be changed without needing to open all the compartments.
Regarding claim 12, Klier is silent to multiple storage compartments as recited. Kang teaches a blended drink kiosk (figure 2) in which containers are stored in separate compartments (storage 121-1, 121-2, and 121-3 can be seen to be in separate compartments in figure 2) that are temperature-controlled (figure 7, “refrigerator”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with multiple storage compartments for the purpose of allowing the contents of one storage compartment to be changed without needing to open all the compartments. It would have further been obvious to have provided these with separate thermal control for the purpose of storing ingredients at different temperatures, such as ice and liquid. Apparatuses having compartments with separate thermal regulation are well-known, such as household refrigerator and freezer combinations.
Claims 15 and 22, 23, 25, 27, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Klier et al. (US PGPub 2010/0151083, hereinafter Klier) in view of Farrell (US 7144150, hereinafter Farrell), Cronin et al. (US PGPub 2019/0339006, hereinafter Cronin), Ezagui (US PGPub 2019/0387768, hereinafter Ezagui), and Fortunato et al. (US PGPub 2018/0072555, hereinafter Fortunato), as applied to claims 1 and 29 above, and further in view of Fonteyn (US 8881752, hereinafter Fonteyn).
Regarding claim 15, Klier is silent to a splash shield as recited. Farrell teaches a beverage mixing apparatus (figure 1) that includes a splash shield (splash shield 22). Fonteyn teaches a device that includes a splash shield that has a hydrophobic coating (column 6, lines 4-10). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a splash shield for the purpose of reducing the mess made by splashing liquid from the mixing container. It would have further been obvious to have used a hydrophobic coating for the purpose of simplifying cleaning and reducing sticking of liquid splashed on the shield.
Regarding claim 22, Klier is silent to a splash shield. Farrell is relied upon, as above, to teach a splash shield, and further to teach a splash shield that is lowered to said cup to create a sealed volume (figures 5 and 6; column 4, lines 4-5, “shield 22 may be weighted to ensure a good seal with the cup”). It is noted that, because the shield of Farrell can move up and down (see figures 5 and 6), it is deemed to meet the broad recitation of “lowered,” as the shield would move downward while the cup is being withdrawn from the apparatus. It is further noted that claim 22 recites no structure by which the splash shield is lowered. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a splash shield for the purpose of reducing the mess made by splashing liquid from the mixing container.
Regarding claim 23, Klier discloses a system for making blended drinks comprising:
a liquid ingredient (paragraph 0052, “container 126 containing concentrated flavored liquid”);
a first solid ingredient (figure 1, ice flakes 136); and
a blended drink kiosk comprising:
a storage compartment with a cup (figure 1, cups dispensing unit 175 would have a way to store the cups);
a first pump (pump 127) to dispense said liquid ingredient in a metered fashion into said cup;
a blending apparatus (blender 160);
a cup transfer apparatus (dispensing unit 175) configured to transport said cup from said storage compartment to said blending apparatus; and
an exterior housing (paragraph 0015, “the housing”).
Klier is silent to a cleaning system. Farrell teaches a blended drink kiosk (figure 1) including a cleaning system (figures 4-7, nozzles 34). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a cleaning system, as in Farrell, for the purpose of avoiding contamination between drinks prepared by the apparatus.
Klier discloses a housing that is temperature controlled (paragraph 0015, “the temperature inside the housing is controlled by the computerized control unit”), but is silent to the cups being pre-filled with a solid ingredient and being stored within a temperature-controlled compartment. Farrell teaches cups that are pre-filled with solid ingredients (column 2, lines 59-61, “cup 14 is preferably a serving cup within which milkshake or other frozen drink ingredients have been pre-frozen into a block”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the cups of the apparatus of Klier with the solid ingredients of Farrell for the purpose of streamlining the process of producing a drink by having the final receptacle start by containing some of the ingredients. Further, in view of Klier teaching a temperature-controlled compartment, it would have been obvious to have stored the cups in such a compartment for the purpose of maintaining the ingredients in a frozen state, as taught by Farrell.
Klier in view of Farrell renders obvious ingredients including a frozen block in a cup, but does not explicitly disclose fruit or vegetables as recited. Cronin teaches a blended drink kiosk (figures 1A and 1B) that includes cups containing an ingredient transported to a mixing station (shuttle module 140 moving pod 135), wherein the cups contain ingredients including a fruit or a vegetable (paragraph 0058, “freeze dried fruits…freeze dried vegetables”). Further, Ezagui teaches a blended drink kiosk (figure 4) that pre-fills and transfers cups with ingredients including fruit (paragraph 0004, “chopped fruits and berries”). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the combination of Klier and Farrel with fruits or vegetables for the purpose of producing a desired final product, given that the references indicate that fruits and vegetables are known ingredients used in blended drinks.
Klier is silent to a splash shield as recited. Farrell teaches a beverage mixing apparatus (figure 1) that includes a splash shield (splash shield 22). Fonteyn teaches a device that includes a splash shield that has a hydrophobic coating (column 6, lines 4-10). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a splash shield for the purpose of reducing the mess made by splashing liquid from the mixing container.
Regarding claims 25, it is well-settled that the material or article worked up on does not limit apparatus claims. See MPEP 2115. Nonetheless, the apparatus of Klier would be fully capable of working upon the materials recited (see paragraph 0050), meeting the claims.
Regarding claim 27, Klier is silent to an application as recited. Fortunato teaches a mixing system that is configured to work with an application that runs on a device, wherein the device is a smartphone (paragraph 0033, “a smartphone”). The system of Fortunato would be fully capable of working with a third-party application, meeting the claim language of “configured to.” To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with the application, as in Fortunato, for the purpose of allowing users to order and receive mixtures without having to be close to the device.
Klier does not explicitly disclose transmitting a signal including data. Fortunato teaches a system for blending ingredients (figure 1) that includes a communication unit (unit 15) that is configured to transmit a signal (note two-way arrows on connections 51 and 53, indicating transmitting and receiving). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier the communication capability, as in Fortunato, for the purpose of allowing users to order and receive mixtures without having to be close to the device. It is noted that any signal would contain the broadly-recited “data.”
Regarding claim 30, Klier is silent to a splash shield. Farrell is relied upon, as above, to teach a splash shield, and further to teach a splash shield that is lowered to said cup to create a sealed volume (figures 5 and 6; column 4, lines 4-5, “shield 22 may be weighted to ensure a good seal with the cup”). It is noted that, because the shield of Farrell can move up and down (see figures 5 and 6), it is deemed to meet the broad recitation of “lowered,” as the shield would move downward while the cup is being withdrawn from the apparatus. It is further noted that claim 22 recites no structure by which the splash shield is lowered. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the apparatus of Klier with a splash shield for the purpose of reducing the mess made by splashing liquid from the mixing container.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Klier et al. (US PGPub 2010/0151083, hereinafter Klier) in view of Farrell (US 7144150, hereinafter Farrell), Cronin et al. (US PGPub 2019/0339006, hereinafter Cronin), Ezagui (US PGPub 2019/0387768, hereinafter Ezagui), Fortunato et al. (US PGPub 2018/0072555, hereinafter Fortunato), and Fonteyn (US 8881752, hereinafter Fonteyn), as applied to claim 27 above, and further in view of Shtivelman (US PGPub 2017/0347828, hereinafter Shtivelman).
Regarding claim 28, Klier is silent to data being used to provide a personalized recommendation for a user. Shtivelman teaches a blended drink kiosk system that includes saving and transmitting data that is used to provide a personalized recommendation for a user (paragraph 0068). To one ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the system of Klier with the recommendation of Shtivelman for the purpose of simplifying the user experience with recommendations. It would have further been obvious to have incorporated this functionality into a remote device for the purpose of allowing a user to order a beverage from a location remote of the kiosk.
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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/MARC C HOWELL/Primary Examiner, Art Unit 1774