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 .
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.
Claims 1, 3-4, and 12-24 are rejected under 35 U.S.C. 103 as being unpatentable over Stearns et al. US 2006/0286262 in view of McCready US 2011/00864862, Coccia et al. US 2007/0089611, and Arksey US 6,099,878.
Regarding Claim 1, Stearns et al. discloses a method for producing a milk based beverage 9’262, Paragraph [0030]). The method comprises using a pump (pump 90) to selectively draw milk out of a milk containing container (refrigerated milk supply 94) into one line (flexible output tube 93) and conveying the drawn milk through the one line (flexible output tube 93) to an outlet (vortex mixer 98) wherein the one line (flexible output tube 93) has an inlet (portion of flexible output tube 93 that is connected to refrigerated milk supply 94) prior to the pump (pump 90) in a flow direction of the milk (‘262, FIG. 2) (‘262, Paragraph [0031]). The method comprises a plurality of flavored liquid containing container (flavoring reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]). At least one of a plurality of different flavor liquids (flavoring syrups and/or sauces) are individually supplied from a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, Paragraph [0034]) to thereby produce at the outlet (vortex mixer 98) the milk based beverage including the milk and the at least one of the plurality of different flavor liquids (‘262, FIG. 2) (‘262, Paragraphs [0032] and [0034]). Air is supplied through an intake opening (orifice 91) such that the air is supplied into a mixture of the drawn milk (‘262, Paragraph [0031]). A swirling effect is created on a mixture of the drawn milk, the air, and the at least one of the plurality of different flavor liquids by forming a choke point after the pump in the flow direction of the drawn milk (‘262, Paragraphs [0032] and [0034]-[0035]).
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Stearns et al. is silent regarding the one line represented by the flexible output tube 93 being coupled to the plurality of flavored liquid containing containers and the plurality of flavored liquid containing container of reservoirs 130a-130f being supplied through the inlet into the one line and into the drawn milk as the drawn milk is conveyed through the one line to the vortex mixer 98 outlet. Stearns et al. is also silent regarding the intake opening in which air is supplied having the intake opening disposed in the one line wherein the intake opening is situated after the inlet in the flow direction of the drawn mil, the intake opening being situated prior to the pump in the flow direction of the drawn milk and a choke point in the one line wherein the choke point is formed after the pump in the flow direction of the drawn milk.
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McCready discloses a method for producing a blended beverage (‘862, Paragraph [0005]). The method comprises using a pump (timing pump) to selectively draw water out of a water containing container (water tank module 20) (‘862, Paragraph [0013]) into one line (outlet of blend tank 18) and conveying the drawn water through the one line (outlet of blend tank 18) to an outlet. The one line (outlet of blend tank 18) has an inlet prior to the pump (timing pump) in a flow direction of the water (‘862, FIG. 1) (‘862, Paragraphs [0028] and [0030]) wherein the one line (outlet of blend tank 18) is coupled to a plurality of flavored containing containers (receiving module 12 containing liquid ingredient storage module 14b) (‘862, Paragraph [0013]).
Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising one line coupled to a plurality of flavored containing containers wherein the plurality of flavored containing containers are supplied through the inlet into the one line and into the drawn water as the drawn water is conveyed through the one line to the mixer outlet that is then supplied to the pump. Coccia et al. teaches a method of making a beverage comprising a tank that holds a beverage base of milk or water (‘611, Paragraph [0024]). Coccia et al. also discloses creating a swirling effect (via mixing chamber 3) on a mixture of the drawn milk and flavors (‘611, Paragraphs [0023] and [0026]) by forming a choke point (choke 9) in the one line wherein the choke point (choke 9) is formed after the pump (pump 8) in the flow direction of the drawn milk (‘611, FIG. 1) (‘611, Paragraph [0026]).
Both Stearns et al. and McCready are directed towards the same field of endeavor of methods of making beverages comprising a pumping system comprising a pump connected to a mixer for blending beverage ingredients containing a beverage base of milk or water. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to have one line coupled to a plurality of flavored containing containers wherein the plurality of flavored containing containers are supplied through the inlet into the one line and into the drawn water as the drawn water is conveyed through the one line to the mixer outlet that is then supplied to the pump as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a blended mixture of milk/water and a plurality of flavorings) is prima facie obvious (MPEP § 2143.I.(B)). Although McCready teaches using the pump to pump water rather than milk that is blended with a plurality of flavorings, Coccia et al. teaches that it was known and conventional to supply a tank for storing milk or water (‘611, Paragraph [0024]). One of ordinary skill in the art would substitute the water that is pumped by the pumping system of McCready for milk as taught by Coccia et al. based upon the desired mouthfeel, taste, and caloric content of the desired beverage that is made by the process. It is noted that Claim 1 does not require the claimed pump to be associated with the claimed plurality of different flavor liquids and/or the plurality of flavored liquid containing containers. Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the process of Stearns et al. and form a choke point in the one line wherein the choke point is formed after the pump in the flow direction of the drawn milk as taught by Coccia et al. in order to adjust the flow rate of the liquids running through the one line (‘611, Paragraph [0019]).
Further regarding Claim 1, the embodiments shown in Stearns et al. does not show the intake opening in which air is supplied having the intake opening disposed in the one line wherein the intake opening is situated after the inlet in the flow direction of the drawn mil, the intake opening being situated prior to the pump in the flow direction of the drawn milk. However, Stearns et al. discloses other pumping systems known in the art being used for aerating milk for beverages that uses separate milk pump and air inlet orifices being disclosed by Arksey US 6,099,878 which is incorporated by reference in its entirety (‘262, Paragraph [0030]). Arksey discloses a method of aerating milk comprising the step of using a pump (pump A) to selectively draw milk (milk A) out of a milk containing container (container 44) into one line (milk line 47) and conveying the drawn milk (milk A) through the one line (milk line 47) to an outlet wherein the one line (milk line 47) has an inlet prior (portion of milk line 47 connected to container 44) to the pump (pump A) in a flow direction of the drawn milk (milk A) wherein air is supplied into the one line (milk line 47) through an intake opening (air inlet orifice A) in the one line (milk line 47) wherein the intake opening (air inlet orifice A) is situated after the inlet (portion of milk line 47 connected to container 44) in the flow direction of the drawn milk (milk A) such that the air is supplied into a mixture of the drawn milk (milk A) wherein the intake opening (air inlet orifice A) is situated prior to the pump (pump A) in the flow direction of the drawn milk (milk A) (‘878, FIG. 1) (‘878, Column 3, lines 48-60). Arksey teaches the intake opening in which air is supplied having the intake opening disposed in the one line wherein the intake opening is situated after the inlet in the flow direction of the drawn mil, the intake opening being situated prior to the pump in the flow direction of the drawn milk.
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Stearns et al. discloses other pumping systems known in the art being used for aerating milk for beverages that uses separate milk pump and air inlet orifices being disclosed by Arksey US 6,099,878 which is incorporated by reference in its entirety (‘262, Paragraph [0030]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the process of modified Stearns et al. that uses any pumping system known in the art for aerating milk and use the pumping system disclosed by Arksey that teaches the intake opening in which air is supplied having the intake opening disposed in the one line wherein the intake opening is situated after the inlet in the flow direction of the drawn mil, the intake opening being situated prior to the pump in the flow direction of the drawn milk since Arksey teaches that the claimed configuration of the air supply line respective to the positions of the pump and one line was known in the food pumping art.
Regarding Claim 3, Stearns et al. discloses controlling drawing of the milk out of the milk containing container (refrigerated milk supply 94) by the pump (pump 90) (‘262, Paragraph [0031]), providing a plurality of conveying means (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f), the plurality of conveying means (valves 134a-134f) being additional to the pump (pump 90), and controlling the plurality of conveying means (valves 134a-134f) to draw the at least one of the plurality of different flavor liquids out of the respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses a quantity portion of water and the at least one drawn different flavor is obtained at the outlet (‘862, FIG. 1). Coccia et al. discloses a tank containing milk or water as desired (‘611, Paragraph [0024]).
Further regarding Claim 3, it is noted that the claim recites the phrase “and/or” between the phrases “controlling the pump” and “the plurality of conveying means.” Since the prior art combination reads on the claimed phrase involving “the plurality of conveying means,” the limitations regarding “controlling the pump” are optional limitations not required to be met explicitly by the prior art by virtue of the phrase “and/or.”
Regarding Claim 4, McCready discloses each of the plurality of different flavorings being selectively conveyed out of the respective one of the plurality of flavored containing containers through a common feed line into the one line (outlet of blend tank 18) each of the plurality of different flavor liquids (stored in ingredient storage module 14a or liquid ingredient storage module 14b) being conveyed through an appliance (likwifier 15) through which the one line passes wherein the drawn milk is conveyed through the appliance (likwifier 15) while in the one line wherein the common feed line is interposed between the plurality of flavored containing containers (ingredient storage module 14a and ingredient storage module 14b) and the one line (outlet of blend tank 18) (‘862, FIG. 2) (‘862, Paragraph [0013]). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising each of the plurality of different flavors being selectively conveyed out of the respective one of the plurality of flavored containing containers through a common feed line into the one line through an appliance wherein the common feed line is interposed between the plurality of flavored containing containers and the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to have the feed lines constructed as claimed as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system having the claimed feed line configuration) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a plurality of flavorings and convey the plurality of flavorings into one line) is prima facie obvious (MPEP § 2143.I.(B)).
Regarding Claim 12, Stearns et al. discloses the plurality of conveying means comprising a plurality of controllable valves (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]).
Regarding Claim 13, Stearns et al. discloses providing a plurality of conveying means (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f), the conveying means (valves 134a-134f) being additional to the pump (pump 90) wherein the plurality of conveying means (valves 134a-134f) is controlled to draw the at least one of the plurality of different flavor liquids from the respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses conveying each of the at least one drawn different flavor (ingredients stored in ingredient storage module 14a and 14b) into the one line outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraphs [0013] and [0030]).
Regarding Claim 14, Stearns et al. discloses the conveying means comprising a plurality of controllable valves (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]).
Regarding Claim 15, Stearns et al. discloses providing a plurality of conveying means (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f), the conveying means (valves 134a-134f) being additional to the pump (pump 90) wherein the conveying means (valves 134a-134f) is controlled to draw the at least one of the plurality of different flavor liquids from the respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses controlling the pump (timing pump) and conveying each of the at least one drawn different flavor (ingredients stored in ingredient storage module 14a and 14b) into the one line (outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraphs [0013] and [0030]).
Regarding Claim 16, Stearns et al. discloses the plurality of conveying means comprising a plurality of controllable valves (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]).
Regarding Claim 17, Stearns et al. discloses individually drawing at least one of the plurality of different flavor liquids from the respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) into a respective one of a plurality of individual lines different than the one line (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line (outlet of blend tank 18) as water is conveyed through the one line (‘862, FIG. 1) (‘862, Paragraph [0013]). Coccia et al. discloses a tank storing water or milk (‘611, Paragraph [0024]). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to convey the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line as water is being conveyed through the one line as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a blended mixture of milk/water and a plurality of flavorings) is prima facie obvious (MPEP § 2143.I.(B)). Although McCready teaches using the pump to pump water rather than milk that is blended with a plurality of flavorings, Coccia et al. teaches that it was known and conventional to supply a tank for storing milk or water (‘611, Paragraph [0024]). One of ordinary skill in the art would substitute the water that is pumped by the pumping system of McCready for milk as taught by Coccia et al. based upon the desired mouthfeel, taste, and caloric content of the desired beverage that is made by the process.
Regarding Claim 18, McCready discloses conveying the at least one drawn flavor from the respective one of the plurality of individual lines through an appliance (likwifier 16) directly into the one line (outlet of blend tank 18) as the water is being conveyed through the one line (outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraphs [0012]-[0013]). Coccia et al. discloses using milk or water in the blended beverage (‘611, Paragraph [0024]).
Regarding Claim 19, McCready discloses a common feed line being interposed between the plurality of individual lines and the one line (outlet of blend tank 18), the common line being different than the one line (outlet of blend tank 18) and the step of conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line (outlet of blend tank 18) as the water is being conveyed through the one line (outlet of blend tank 18) comprises conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the common feed line and then conveying the at least one drawn different flavor liquid from the common feed line into the one line (outlet of blend tank 18) as the water is being conveyed through the one line (outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraph [0013]). Coccia et al. discloses using milk or water in the blended beverage (‘611, Paragraph [0024]).
Regarding Claim 20, Stearns et al. discloses providing a plurality of conveying means (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f), the plurality of conveying means (valves 134a-134f) being additional to the pump (pump 90) and controlling the plurality of conveying means (valves 134a-134f) to draw the at least one of the plurality of different flavor liquids form the respective plurality of flavored liquid containing containers (reservoirs 130a-130f) into the respective one of the plurality of individual lines (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses conveying the plurality of individual lines that derive from the respective plurality of flavor containing containers into a common feed line and conveyed from the common feed line into the one line (outlet of blend tank 18) (‘862, FIG. 1). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to convey the plurality of individual lines into a common feed line that is then conveyed into the one line as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a blended mixture of milk/water and a plurality of flavorings) is prima facie obvious (MPEP § 2143.I.(B)).
Regarding Claim 21, Stearns et al. discloses the conveying means comprising a plurality of controllable valves (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]).
Regarding Claim 22, McCready discloses controlling the pump (timing pump) to draw the at least one of the plurality of different flavor liquids form the respective plurality of flavored containing containers (modules of ingredients 14a and 14b) into the respective one of the plurality of individual lines and then into the common feed line and conveyed the drawn different flavor from the common feed line into the one line (outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraph [0013]). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to control the pump to draw the at least one of the plurality of different flavor liquids form the respective plurality of flavored liquid containing containers into the respective one of the plurality of individual lines and then into the common feed line and convey the at least one drawn different flavor liquid from the common feed line into the one line as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a blended mixture of milk/water and a plurality of flavorings) is prima facie obvious (MPEP § 2143.I.(B)).
Regarding Claim 23, Stearns et al. discloses providing a plurality of conveying means (valves 134a-134f) each associated with a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f), the conveying means (valves 134a-134f) being additional to the pump (pump 90) and controlling the plurality of conveying means (valves 134a-134f) to draw the at least one of the plurality of different flavor liquids form the respective plurality of flavored liquid containing containers (reservoirs 130a-130f) into the respective one of the plurality of individual lines (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses controlling the pump (timing pump) to draw the at least one of the plurality of different flavors from the respective plurality of flavored containing containers (modules containing ingredients 14a and 14b) into the respective one of the plurality of individual lines and then into the common feed line and convey the at least one drawn different flavor liquid form the common feed line into the one line (outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraph [0013]). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising conveying the at least one drawn different flavor from the respective one of the plurality of individual lines into the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to control the pump to draw the at least one of the plurality of different flavor liquids form the respective plurality of flavored liquid containing containers into the respective one of the plurality of individual lines and then into the common feed line and convey the at least one drawn different flavor liquid from the common feed line into the one line as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a blended mixture of milk/water and a plurality of flavorings) is prima facie obvious (MPEP § 2143.I.(B)).
Regarding Claim 24, Stearns et al. discloses providing a separate feed line associated with each of the plurality of flavored liquid containing containers (reservoirs 130a-130f) and conveying each of the plurality of different flavor liquids out of the respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) through the associated feed line (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses providing a separate feed line associated with each of a plurality of flavored containing containers (modules containing ingredients 14a and 14b) wherein the separate feed lines are interposed between the plurality of flavored containing containers (modules containing ingredients 14a and 14b) and the one line (outlet of blend tank 18) wherein each of the plurality of different flavors out of the respective one of the plurality of flavored containing containers through the associated feed line into the one line (outlet of blended tank 18) (‘862, FIG. 1).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Stearns et al. US 2006/0286262 in view of McCready US 2011/00864862, Coccia et al. US 2007/0089611, and Arksey US 6,099,878 as applied to claim 1 above in further view of DeVries et al. US 2020/0352389.
Regarding Claim 26, Stearns et al. discloses providing respective conveying means (valves 134a-134f) for conveying each of the plurality of different flavor liquids, the respective conveying means (valves 134a-134f) being additional to the pump (pump 90) and controlling the respective conveying means (valves 134a-134f) to selectively draw each of the plurality of different flavor liquids from the respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]). McCready discloses conveying each of the plurality of flavors into the one line and conveying the drawn flavor liquid through a common feed line into one line (outlet of blend tank 18) wherein the common feed line is interposed between the plurality of flavored containing containers (ingredient storage modules 14a and 14b) and the one line (outlet of blend tank 18) and different than the one line (outlet of blend tank 18) (‘862, FIG. 1) (‘862, Paragraph [0013]). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising each of the plurality of different flavors being selectively conveyed out of the respective one of the plurality of flavored containing containers through separate feed lines interposed between a plurality of flavored containing containers and the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to have the feed lines constructed as claimed as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system having the claimed feed line configuration) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a plurality of flavorings and convey the plurality of flavorings into one line) is prima facie obvious (MPEP § 2143.I.(B)). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising providing a separate feed line associated with each of the plurality of flavored containing containers wherein the separate feed lines are interposed between the plurality of flavored containing containers and the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to have the feed lines constructed as claimed as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system having the claimed feed line configuration) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a plurality of flavorings and convey the plurality of flavorings into one line) is prima facie obvious (MPEP § 2143.I.(B)).
Further regarding Claim 26, Stearns et al. discloses a valve (valves 134a-134f) associated with each of the flavored liquid containing containers (‘262, Paragraph [0034]). McCready discloses using divert valves (‘862, FIG. 1). However, Stearns et al. modified with McCready, Coccia et al., and Arskey et al. is silent regarding providing a non-return valve in connection with the common feed line to prevent flow of liquid from the one line through the common feed line into any of the plurality of flavored liquid containing containers.
DeVries et al. discloses a coffee machine comprising a milk frothing unit (‘389, Paragraph [0004]) comprising a non-return valve at an end of an inlet channel at which flow is diverted toward the steam outlet, the brew chamber outlet, and the water collection outlet (‘389, Paragraph [0040]).
Both modified Stearns et al. and DeVries et al. are directed towards the same field of endeavor of methods of making aerated milk using a divert valve. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the process of modified Stearns et al. and incorporate a non-return divert valve since DeVries et al. teaches that it was known and conventional in the milk making art to utilize non-return valves for diverting ingredients through various feed lines.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Stearns et al. US 2006/0286262 in view of McCready US 2011/00864862, Coccia et al. US 2007/0089611, and Arksey US 6,099,878 as applied to claim 1 above in further view of Buchholz et al. US 2014/0322415 and Bleckmann US 4,325,293.
Regarding Claim 27, McCready discloses supplying steam into the one line at a location after the pump (pump 8) in the flow direction of the drawn milk wherein the location at which the steam is supplied into the one line being after the choke point (choke 9) in the flow direction of the drawn milk and creating a swirling effects on a mixture of the drawn milk and the steam (‘611, FIG. 1) (‘611, Paragraphs [0026]-[0027]).
Stearns et al. modified with McCready, Coccia et al., and Arksey is silent regarding forming another choke point in the one line after the steam is supplied into the one line to create the swirling effect.
Buchholz et al. discloses a method of producing milk foam comprising using a device containing two chokes and/or choke arrangements for feeding air especially for cold or warm milk products (‘415, Paragraph [0051]). Bleckmann discloses an apparatus for making infusion drinks comprising larger choke aperture sizes used if two or more restrictor or choke members are disposed in succession and at a spacing from each other (‘293, Column 6, lines 55-67).
Modified Stearns et al., Buchholz et al., and Bleckmann are all directed towards the same field of endeavor of methods of making beverages. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the process of modified Stearns et al. and form another choke point in the one line after the steam is supplied into the one line to create the swirling effect as taught by Buchholz et al. and Bleckmann since the mere duplication of parts has not patentable significance unless a new and unexpected result is produced in view of In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (MPEP § 2144.04.VI.B.). One of ordinary skill in the art would incorporate additional choke points in the one line based upon the desired flow rate of the liquid supplied within the one line.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Stearns et al. US 2006/0286262 in view of McCready US 2011/00864862, Coccia et al. US 2007/0089611, Arksey US 6,099,878, and DeVries et al. US 2020/0352389.
Regarding Claim 28, Stearns et al. discloses a method for producing a milk based beverage 9’262, Paragraph [0030]). The method comprises using a pump (pump 90) to selectively draw milk out of a milk containing container (refrigerated milk supply 94) into one line (flexible output tube 93) and conveying the drawn milk through the one line (flexible output tube 93) to an outlet (vortex mixer 98) wherein the one line (flexible output tube 93) has an inlet (portion of flexible output tube 93 that is connected to refrigerated milk supply 94) prior to the pump (pump 90) in a flow direction of the milk (‘262, FIG. 2) (‘262, Paragraph [0031]). The method comprises a plurality of flavored liquid containing container (flavoring reservoirs 130a-130f) (‘262, FIG. 2) (‘262, Paragraph [0034]). At least one of a plurality of different flavor liquids (flavoring syrups and/or sauces) are individually supplied from a respective one of the plurality of flavored liquid containing containers (reservoirs 130a-130f) (‘262, Paragraph [0034]) to thereby produce at the outlet (vortex mixer 98) the milk based beverage including the milk and the at least one of the plurality of different flavor liquids (‘262, FIG. 2) (‘262, Paragraphs [0032] and [0034]).
Stearns et al. is silent regarding conveying the drawn milk in the one line into, through and out of an appliance wherein the appliance defines a common feed line into the one line and each of the plurality of different flavor liquids being selectively conveyed out of the respective one of the plurality of flavored liquid containing containers through the common feed line of the appliance into the one line.
McCready discloses each of the plurality of different flavorings being selectively conveyed out of the respective one of the plurality of flavored containing containers through a common feed line into the one line (outlet of blend tank 18) each of the plurality of different flavor liquids (stored in ingredient storage module 14a or liquid ingredient storage module 14b) being conveyed through an appliance (likwifier 15) through which the one line passes wherein the drawn milk is conveyed through the appliance (likwifier 15) while in the one line wherein the common feed line is interposed between the plurality of flavored containing containers (ingredient storage module 14a and ingredient storage module 14b) and the one line (outlet of blend tank 18) (‘862, FIG. 2) (‘862, Paragraph [0013]).
Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising each of the plurality of different flavors being selectively conveyed out of the respective one of the plurality of flavored containing containers through a common feed line into the one line through an appliance wherein the common feed line is interposed between the plurality of flavored containing containers and the one line. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage producing method of Stearns et al. that utilizes any pumping system known in the art that is used for pumping the milk and construct the pumping system to have the feed lines constructed as claimed as taught by McCready since the simple substitution of known equivalents of one known element (using the claimed pumping system having the claimed feed line configuration) for another (any pumping system known as disclosed by Stearns et al.) to obtain predictable results (to pump a plurality of flavorings and convey the plurality of flavorings into one line) is prima facie obvious (MPEP § 2143.I.(B)).
Further regarding Claim 28, Stearns et al. modified with McCready is silent regarding providing a non-return valve in connection with the common feed line to prevent flow of liquid from the one line through the appliance into any of the plurality of flavored liquid containing containers.
DeVries et al. discloses a coffee machine comprising a milk frothing unit (‘389, Paragraph [0004]) comprising a non-return valve at an end of an inlet channel at which flow is diverted toward the steam outlet, the brew chamber outlet, and the water collection outlet (‘389, Paragraph [0040]).
Both modified Stearns et al. and DeVries et al. are directed towards the same field of endeavor of methods of making aerated milk using a divert valve. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the process of modified Stearns et al. and incorporate a non-return divert valve since DeVries et al. teaches that it was known and conventional in the milk making art to utilize non-return valves for diverting ingredients through various feed lines.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Burri et al. US 2011/0070349 in view of Chen US 4,560,284 and Coccia et al. US 2007/0089611.
Regarding Claim 1, Burri et al. discloses a method for producing a milk based beverage (‘349, Paragraph [0002]). The method comprises using a pump (pump 2) to selectively draw milk out of a milk containing container (milk container 1) into one line (feed line 3) and conveying the drawn milk through the one line (feed line 3) to an outlet wherein the one line (feed line 3) has an inlet (end of feed line 3 connected to milk container 1) prior to the pump (pump 2) in a flow direction of the drawn milk. Air is supplied into the one line through an intake opening (air valve 3b) in the one line (feed line 3) wherein the intake opening (air valve 3b) is situated after the inlet (end of feed line 3 connected to milk container 1) in the flow direction of the drawn milk such that the air is supplied into a mixture of the drawn milk wherein the intake opening (air valve 3b) is situated prior to the pump (pump 2) in the flow direction of the drawn milk (‘349, Paragraphs [0064]-[0065]). A swirling effect (expansion behavior of foodstuff-air mixture) is created on a mixture of the drawn milk and the air (‘349, FIG. 1) (‘349, Paragraph [0035]).
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Burri et al. is silent regarding the one line also being coupled to a plurality of flavored liquid containing containers and individually supplying at least one of a plurality of different flavor liquids from a respective one of the plurality of flavored liquid containing containers through the inlet into the one line and into the drawn milk as the drawn milk is conveyed through the one line to the outlet to thereby produce at the outlet the milk based beverage including the drawn milk and the at least one of the plurality of different flavor liquids.
Chen discloses a method of producing a mixture of liquids comprising using a pump to selectively drawn out a first liquid out of a first liquid containing container into one line and conveying the drawn first liquid through the one line to an outlet, the one line having an inlet prior to the pump in a flow direction of the first liquid, the one line being coupled to a second liquid containing container and individually supplying the second liquid from the second liquid containing container through the inlet into the one line and into the drawn first liquid as the first liquid is conveyed through the one line to the outlet to thereby produce at the outlet the first liquid beverage including the drawn first liquid and the second liquid.
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Both Burri et al. and Chen are directed towards the same field of endeavor of methods of mixing multiple liquids together using a single pump. It would have been obvious to one of ordinary skill in the art to modify the process of Burri et al. that teaches using a single pump to mix a milk liquid and air that comes together to the same line that is fed to a single pump and also incorporate another liquid that is operated by the same pump since Chen teaches that it was known in the mixing art to utilize a single pump to mix together multiple liquid contained in different liquid containing containers. Furthermore, it would have been obvious to one of ordinary skill in the art to modify the generic liquids that are used in the mixing process of Chen and use a plurality of different flavor liquids as taught by Coccia et al. according to the desired gastronomic recipes (‘611, Paragraph [0023]). Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the process of Burri et al. and incorporate a choke point (choke 9) in the one line wherein the choke point if formed after the pump (pump 8) in the flow direction of the drawn milk (milk tank 5) as taught by Coccia et al. in order to (‘611, Paragraphs [0024]-[0027]) in order to control the flow rate of the liquids within the one line (‘611, Paragraphs [0019] and [0028]).
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Regarding Claim 2, the combination of Burri et al. modified with Chen and Coccia et al. discloses controlling the pump to draw the at least one of the liquids from the respective one of the liquid containing containers and conveying the at least one drawn different liquid into the one line such that the same pump that draws out one liquid into the one lien also draws the other liquids into the one line (‘349, FIG. 1) (‘284, FIG. 1).
Response to Arguments
Examiner notes that the previous Claim Objections have been withdrawn in view of the amendments.
Examiner notes that the previous indefiniteness rejection under 35 USC 112(b) has been withdrawn in view of the amendments.
Applicant’s arguments with respect to the obviousness rejections of Claim 1 under 35 USC 103(a) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The secondary reference of Arksey is being relied upon to teach the newly present limitations regarding supplying air into the one line through an intake opening in the one line.
Applicant’s arguments with respect to the obviousness rejections of Claim 2 under 35 USC 103(a) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim 2 is currently being rejected over Burri et al. modified with Chen and Coccia et al. The secondary reference of Chen is being relied upon to teach the newly present limitations regarding using the same pump that draws milk out of the milk containing container into the one line also drawing the at least one of the plurality of different flavor liquids into the one line.
Applicant’s arguments with respect to the obviousness rejections of Claim 26 under 35 USC 103(a) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The secondary reference of DeVries et al. is being relied upon to teach the newly present limitations regarding a non-return valve in connection with the common feed line.
Applicant's arguments filed August 27, 2025 with respect to the obviousness rejection of Claim 4 under 35 USC 103(a) have been fully considered but they are not persuasive.
Applicant argues on Pages 10-11 of the Remarks that McCready has a non-specific description of the manner in which the dry and liquid ingredients are combined, i.e. the likwifier 16 and blend tank 18 does not evidence disclosure of the specific construction and operation of the appliance of amended Claim 4.
Examiner argues that this comment does not specifically and distinctly point out the supposed errors of the Office Action. McCready discloses each of the plurality of different flavorings being selectively conveyed out of the respective one of the plurality of flavored containing containers through a common feed line into the one line (outlet of blend tank 18) each of the plurality of different flavor liquids (stored in ingredient storage module 14a or liquid ingredient storage module 14b) being conveyed through an appliance (likwifier 15) through which the one line passes wherein the drawn milk is conveyed through the appliance (likwifier 15) while in the one line wherein the common feed line is interposed between the plurality of flavored containing containers (ingredient storage module 14a and ingredient storage module 14b) and the one line (outlet of blend tank 18) (‘862, FIG. 2) (‘862, Paragraph [0013]). Stearns et al. discloses any pumping system known in the art is used for pumping the milk (‘262, Paragraph [0030]) wherein the pump is connected to a mixer for blending beverage ingredients containing milk (‘262, Paragraph [0032]). McCready discloses a method for making a beverage comprising a pumping system comprising each of the plurality of different flavors being selectively conveyed out of the respective one of the plurality of flavored containing containers through a common feed line into the one line through an appliance wherein the common feed line is interposed between the plurality of flavored containing containers and the one line. Therefore, this argument is not found persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Barista Basics: How to Texture Milk in 14 Steps” <https://perfectdailygrind.com/2018/02/barista-basics-how-to-texture-milk-in-14-steps/> (published February 19, 2018) discloses a method of texturing milk comprising creating a milk vortex in a jug to aerate/stretch to add air into the milk (Step 7) wherein the milk disposed in the milk jug is swirled to remove any overly large air bubbles to make the milk smooth (Step 13).
Campbell et al. US 2022/0022684 discloses an aerator coupled to an outlet of a gear pump.
Di Tana et al. US 2017/0238756 discloses a dispensing apparatus comprising a pump (pumping means 31) having an intake inlet that provides or is in fluid communication with an intake of air.
DeLonghi US 2019/0320842 discloses an automatic beverage machine comprising at least an adjustment element to adjust the flow rate of the infusion water and/or at least an element to divert/choke the flow rate of the water able to be selectively activated by a user to set functioning parameters of the automatic machine in relation to the obtainment of a beverage having differentiated features under an organoleptic point of view (‘842, Paragraph [0028]).
Pellaud et al. US 2017/0240400 discloses a beverage dispenser comprising a mixer that chokes the liquid flow in the jet mixer flow channels by means of a control valve (‘400, Paragraph [0056]).
Dangel et al. US 4,583,449 discloses a coffee percolator comprising a flow path including an open valve and a choke means to a point of flow path upstream of a pump wherein the choke means is adjusted for maintaining the low pressure desired for making normal coffee in the flow path downstream of the pump.
Buchholz et al. US 2014/0322412 discloses a method of making milk foam comprising an air supply containing two chokes and/or choke configurations (‘412, Paragraph [0025]).
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 ERICSON M LACHICA whose telephone number is (571)270-0278. The examiner can normally be reached M-F, 8:30am-5pm, EST.
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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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/ERICSON M LACHICA/Examiner, Art Unit 1792
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