DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
The amendments filed 12/08/2025 have been entered. The 112(b) rejections have been overcome. Accordingly claims 1-16 remain pending.
Response to Arguments
Applicant's arguments filed 6/12/2026 have been fully considered and are persuasive to the extent that Konesky is not relied upon herein as prior art against the pending claims.
The general feature in art cited in Konesky of a spring biased retention system triggered by insertion of a pneumatic component, is well known in the art of pneumatic component connections. See newly cited reference Home improvement (NPL) discussing such.
In response to applicant's argument that a Pnueumatic system (such as Konesky) is non-analogous art to the carbonation system of present application, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, it is held that both endeavors of applicant and Home improvement are related by the concern to quick release/attachment between relative working components under gaseous pressure.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “such that insertion of an upright bottle positioned in parallel alignment with a longitudinal axis of the apparatus extends the loading spring” (lines 3-4). However the specifications provide that the lever handle extends/resets the loading spring while the insertion of the bottle releases the loading spring “the bottle mounting mechanism including a user-actuable release handle assembly to release the bottle and reset the loading spring.” (Summary first paragraph). It is best understood that the collar springs 113 are the loading springs, the collar springs as shown in figures 7C-7D are compression springs exterting downward force on said collar of the collar springs “Despite the force exerted by the collar springs 113, the sliding collar is held in this upper position by the plungers 140.” (detailed description, paragraph 9).
It is best understood that the Applicant intends the handle operation with regards to spring to read in accordance with the specifications.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-5, 7-10, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Krom (US 2017/0165619) in view of Leung (US 2013/0089645) and Home improvement (NPL).
Regarding claim 1, Krom discloses a beverage carbonation apparatus having a spring loaded bottle mounting mechanism teeth around the neck of bottle 50 thus providing a mechanical lock. This is shown in FIGS. 4A, 4B and 4C, to which reference is now made, which show lever 110 operating locking ring 10 via cam 15.” [0034] “FIG. 5B illustrates the state of apparatus 100 once cam 15 has pushed locking ring 10 down, compressing springs 80 and clamping teeth 30 (situated behind teeth 35) around neck ring 60, to hold bottle 50 within carbonation head 120.” [0041]).
Krom is silent regarding a loading spring reactively latching to an axis aligned insertion of bottle extends the loading spring.
However Home improvement teaches a loading spring reactively latching to an axis aligned insertion of bottle extends the loading spring (Pneumatic systems are known to make use of spring primed retention (snapping feature disclosed below), where the user manipulates a portion of the pneumatic system (generally sleeve/ring/collar) to release a corresponding attached component, the manipulated portion is held/latched until a corresponding attaching component is placed into the Pneumatic system, triggering the spring release to couple the pneumatic system to attaching component “Some female quick disconnects latch the ring back as you describe” (page 2, second to last paragraph) “One quick fix that worked for me is to put some oil onto the quick connect coupling, above and below the collar to try and get it to move better and snap forward. After applying the oil, I tried using a flat head screwdriver to gently push the collar forward, which did not work. But i then tried again to attach the male connector, and after trying a few times and pushing firmly, the collar snapped forward.” (page 3, third paragraph))
The advantage of a loading spring reactively latching to an axis aligned insertion of bottle, is to enhance simplicity of retention by having a single insertion step provide locking to pressurized fluid system components “Some female quick disconnects latch the ring back as you describe” (page 2, second to last paragraph).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Krom and Home Improvement before him or her, to modify/add to the locking pin mechanisms operated by lever after bottle placement of Krom to include the insertion automated spring cocked latching system of Home Improvement, because providing an insertion activated latching system enhances ease of securing components by providing the release mechanism with a spring retention mechanism for next attachment.
Krom as modified is silent regarding the bottle positioned in parallel alignment with a longitudinal axis of the apparatus during insertion.
However Leung teaches an attachment of bottle (20) via a direct connection of bottle having no pivot in relation to system, to a non-pivoting head assembly (18) (threaded attachment “To install or remove a bottle 20 from the appliance 10, a user simply rotates the bottle 20 with respect to the head assembly 18” [0028]) resulting in the bottle maintain vertical position during attachment (see figure 4 showing orienting of bottle 20 to horizontal drip tray 14), wherein a spilling is anticipated keeping a bottle upright reduces spilling “The drip tray 14 has a slotted or grated top surface 16 that permits liquid that may be spilled to pass through the surface 16 and collect in the drip tray 14 for easy cleanup.” [0027].
The advantage of an attachment of bottle via a direct connection of bottle to a non-pivoting head assembly, is to enhance ease of maintaining a bottle upright reducing spilling while enhancing simplicity of system components of beverage carbonator, and providing obviousness to equivalency of exchange to known bottle engagement means “although other engagement means known in the art may also be utilized without departing from the broader aspects of the present invention. The threaded engagement of the bottle 20 with the carbonating head assembly 18 is best shown in FIGS. 12 and 14. To install or remove a bottle 20 from the appliance 10, a user simply rotates the bottle 20 with respect to the head assembly 18.” [0028].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Krom as modified and Leung before him or her, to modify to the pivoting bottle relative to system of Krom, to include the non-pivoting bottle relative to system of Leung, because a direct connection step of bottle to system enhances ease/simplicity of operation/system in methods of keeping a bottle upright reducing spilling.
Regarding claim 2, Krom discloses (fig-1-3a) the beverage carbonation apparatus according to claim 1, Krom further discloses wherein the spring loaded bottle mounting mechanism includes a catching device (20) arranged around a bottle mouth seal (as shown in figure 5), the catching device having catch legs (30/35) adapted to catch underneath a flange (60) of the upright bottle (see figure 3a providing catch leg 30 pressing to under side of bottle flange 60).
Regarding claim 3, Krom discloses the beverage carbonation apparatus according to claim 2, Krom further discloses wherein the spring loaded bottle mounting mechanism includes a collar (lock ring 10) arranged around the catching device (as seen in figure 5a) and mounted for slideable movement relative to the catching device (lock ring/collar 10 slides over catching mechanism/teeth for locking apparatus to upright bottle “In order to carbonate, locking ring 10 may be lowered, such that an angled front surface 13 of locking protrusion 12 may slide over an angled back surface 37 of teeth 35.” [0031]).
Regarding claim 4, Krom discloses the beverage carbonation apparatus according to claim 3, Krom further discloses wherein the collar acts upon the catching device and is moveable between a first position in which the catch legs of the catching device are open to receive the bottle, and a second position in which the catch legs are fastened underneath the bottle flange, in use (collar moves catches to first and second positions under bottle flange “In order to carbonate, locking ring 10 may be lowered, such that an angled front surface 13 of locking protrusion 12 may slide over an angled back surface 37 of teeth 35. During the carbonation process, the excess pressure in bottle 50 may push bottle 50 back downwards thereby pushing neck ring 60 against an angled upper surface 37 of teeth 35, which may push locking teeth 35 outwards and against angled surface 13 of protrusion 12, thereby locking teeth 35 between neck ring 60 and protrusion 12. Any attempt to move locking ring 10 up will not work, since locking teeth 35 may be locked between neck ring 60 and protrusion.” [0031]).
Regarding claim 5, Krom discloses the beverage carbonation apparatus according to claim 4, Krom further discloses wherein loading spring comprises at least one collar spring acting on the collar to bias the collar toward the first position (springs are un compressed until lever 110 is pressed down for carbonation “In the pre-carbonation stage, before lever 110 causes cam 15 to push down on locking ring 10, holding it down, springs 80 may be uncompressed.” [0040], “FIG. 5B illustrates the state of apparatus 100 once cam 15 has pushed locking ring 10 down, compressing springs 80 and clamping teeth 30 (situated behind teeth 35) around neck ring 60, to hold bottle 50 within carbonation head 120” [0041]).
Regarding claim 7, Krom discloses the beverage carbonation apparatus according to claim 2, Krom further discloses wherein the catching device includes a plurality of downwardly extending catch legs arranged around the bottle flange, in use (as shown in figure 3a 3b).
Regarding claim 8, Krom discloses the beverage carbonation apparatus according to claim 7, Krom further discloses wherein each of the catch legs has an inward projection adapted to extend underneath the bottle flange (“In order to carbonate, locking ring 10 may be lowered, such that an angled front surface 13 of locking protrusion 12 may slide over an angled back surface 37 of teeth 35. During the carbonation process, the excess pressure in bottle 50 may push bottle 50 back downwards thereby pushing neck ring 60 against an angled upper surface 37 of teeth 35, which may push locking teeth 35 outwards and against angled surface 13 of protrusion 12, thereby locking teeth 35 between neck ring 60 and protrusion 12. Any attempt to move locking ring 10 up will not work, since locking teeth 35 may be locked between neck ring 60 and protrusion.” [0031]), the catch leg projections being held underneath the bottle flange to maintain the operative seal and prevent removal of the bottle while the collar is in the second position (locking of bottle as disclosed above [0031]).
Regarding claim 9, Krom discloses the beverage carbonation apparatus according to claim 8, Krom further discloses wherein the catch legs comprise a plurality of pulling catches and a plurality of holding catches (respectively 30 and 35, see figure 2), the pulling catches and holding catches having differently shaped projections (as shown in figure 2), wherein the pulling catches are adapted to engage with the bottle flange (clamping/pulling “FIG. 5B illustrates the state of apparatus 100 once cam 15 has pushed locking ring 10 down, compressing springs 80 and clamping teeth 30 (situated behind teeth 35) around neck ring 60, to hold bottle 50 within carbonation head 120.” [0041]) and pull the bottle toward the seal during movement of the collar from the first position to the second position (as disclosed above [0041] Fig. 5B).
Regarding claim 10, Krom discloses the beverage carbonation apparatus according to claim 7, Krom further discloses wherein each of the catch legs is connected to the catching device by a flexible leg portion resiliently biased outwardly (flexible legs of 30/35 are pressed inward to catch bottle flange 60 “FIG. 5B illustrates the state of apparatus 100 once cam 15 has pushed locking ring 10 down, compressing springs 80 and clamping teeth 30 (situated behind teeth 35) around neck ring 60, to hold bottle 50 within carbonation head 120.” [0041]).
Regarding claim 13, Krom discloses the beverage carbonation apparatus according to claim 1, Krom further discloses further comprising a valve assembly (nature of carbonation machine art in releasing carbonation (abstract)), the valve assembly including pressurised gas release and relief valves (valving pressure safety as known to the art “The user typically attaches a bottle of water to a carbonation head and then manually releases CO2 into the bottle of water, via a gas release valve, from an attached pressurized cylinder. Such machines typically also comprise one or more safety pressure release valves which are designed to vent if excess pressure builds up during the carbonization process.” [0003], pressure anticipated to bottle in embodiment of interlock “the carbonation apparatus may comprise two plungers that may move in and out of an aperture according to the amount of pressure in the system.” [0045]).
Claims 6, 11, 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Krom, Home Improvement and Leung as applied to claim 5 above, and further in view of Brooks (US 4,610,282).
Regarding claim 6, Krom discloses the beverage carbonation apparatus according to claim 5, Krom is silent regarding including at least one latch pin engageable with the collar, wherein insertion of the mouth of the upright bottle toward the seal causes the latch pin to release the collar for movement to the second position by action of the at least one collar spring.
However Brooks teaches including at least one latch pin (47) engageable with the collar (42) (latch pin prevents vertical movement of components “the end face 49 of sleeve 42 abuts against the interlock pin 47 to prevent the knob being pressed down and hence the gas valve being opened.” (column 7, lines 36-52) the restricted vertical movement restricts gas flow unless bottle is secured by movable wall so that a single operating member secures bottle and administers carbonation ”a common operating member for adjusting the movable wall of the enclosure and for actuating the gas valve means.” (column 4, lines 53-66)), wherein insertion of the mouth of the upright bottle toward the seal causes the latch pin to release the collar for movement to the second position by action of the at least one collar spring (latch pin releases when securing bottle “a movable wall member which is adjustable between a first position enabling the bottle to be introduced into and removed from the enclosure, and a second position in which the bottle is substantially enclosed,” (column 1, lines 30-62) “valve means included in the gas supply means for controlling flow of gas to the injecting means, valve actuating means operable to open the valve means, and interlock means coupled between said movable wall and the valve actuating means to enable the valve means to be opened only when the movable wall is in the second position.” (column 4, lines 32-52).
The advantage of including at least one latch pin engageable with the collar, wherein insertion of the mouth of the upright bottle toward the seal causes the latch pin to release the collar for movement to the second position by action of the at least one collar spring, is to provide a single operator for both securing bottle to gas source and operating gas source ”a common operating member for adjusting the movable wall of the enclosure and for actuating the gas valve means.” (column 4, lines 53-66) while preventing accidental gas flow via an interlock when a bottle is not ready to be filled “the end face 49 of sleeve 42 abuts against the interlock pin 47 to prevent the knob being pressed down and hence the gas valve being opened.” (column 7, lines 36-52).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Krom and Brooks before him or her, to modify/add to the simple spring interlock reacting directly to force of interlock substrate (gas) of Krom to include the single operator bottle latching and Interlock limiting gas flow without bottle positioning of Brooks, because providing a single operator for both securing bottle to gas source and operating gas source enhances ease of operation and preventing gas flow with an interlock when a bottle is not ready to be filled ensures correct/safe operation.
Regarding claim 11, Krom as modified teaches the beverage carbonation apparatus according to claim 6, Krom as already modified teaches wherein the spring loaded bottle mounting mechanism includes a connection housing (head lower 5) that supports the bottle mouth seal, catching device and collar (structure of apparatus that hold these components together as part of the apparatus, see figures 4 and 5), and the release handle (lever 110) is pivotally mounted to a chassis of the apparatus (where lever 110 is attaches to apparatus to apply moving force to moved components).
Regarding claim 12, Krom as modified teaches the beverage carbonation apparatus according to claim 11, Krom as already modified teaches wherein the collar has a loading spring reset projection (where lever 110 permits movement between collar and ring and is biased by spring 80, see figure 5 “with lever 110 causing cam 15 (not shown) to lower locking ring 210 thus restricting pronged clamp 220 so that bottle 50 is held in place (as is shown in FIG. 7B which illustrates the state of apparatus 200, bottle 50 is not shown).” [0048]) that engages with a surface fixed in relation to the chassis (portions of apparatus supporting lever/ring not in movement with lever/ring) to drive the collar from the second position toward the first position when the handle is moved in a first direction relative to the chassis (as disclosed above [0048]).
Regarding claim 16, Krom discloses the beverage carbonation apparatus according to claim 15, Krom is silent regarding wherein the release handle assembly is arranged such that the gas release mechanism is actuated when the handle is moved in a second direction.
However Brooks teaches wherein the release handle assembly is arranged such that the gas release mechanism is actuated when the handle is moved in a second direction (Gas release is integrated to bottle securement operating member ”a common operating member for adjusting the movable wall of the enclosure and for actuating the gas valve means.” (column 4, lines 53-66).
The advantage of wherein the release handle assembly is arranged such that the gas release mechanism is actuated when the handle is moved in a second direction, is to provide a single operator for both securing bottle to gas source and operating gas source ”a common operating member for adjusting the movable wall of the enclosure and for actuating the gas valve means.” (column 4, lines 53-66).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Krom and Brooks before him or her, to modify/add to gas release of Krom the combination operation of gas release and bottle securing of Brooks, because providing a single operator for both securing bottle to gas source and operating gas source enhances ease of operation.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Krom and Home Improvement and Leung as applied to claim 5 above, and further in view of Cohen (US 2015/0367296).
Regarding claim 14, Krom discloses the beverage carbonation apparatus according to claim 13, Krom is silent regarding wherein the valve assembly includes a pressure relief valve having a plunger that extends when the valve is open, spring loaded bottle mounting mechanism being arranged in relation to the relief valve plunger to prevent the relief valve from closing when the handle is operated to release the bottle.
However Cohen teaches wherein the valve assembly includes a pressure relief valve (50) having a plunger (52) that extends when the valve is open (valve open plunger/piston 52 extended “FIG. 1 illustrates system 100 in a pre-carbonation state where normally open valve 50 is open (piston 52 is out) and carbonating arm 40 is in its most upright position.” [0021]), spring loaded bottle mounting mechanism being arranged in relation to the relief valve plunger to prevent the relief valve from closing when the handle is operated to release the bottle (handle/arm 40 operates valve and mechanical lock “Carbonating arm 40 may be connected to the housing of system 100 (not shown) via a torsion spring 60. Spring 60 may push on carbonating arm 40 when pivoted and supported by the housing. Mechanical lock 15 comprises a recessed area 35 of carbonating arm 40 and a protrusion 25 of a bottle holder 80. FIG. 1 illustrates system 100 in a pre-carbonation state where normally open valve 50 is open (piston 52 is out) and carbonating arm 40 is in its most upright position.” [0021] mechanical lock prevents release of bottle “It will be appreciated that the purpose of mechanical lock 15 is to prevent bottle holder 80 from being tilted in order to release bottle 45 until all excess gas has been released from system 100.” [0028]).
The advantage of wherein the valve assembly includes a pressure relief valve having a plunger that extends when the valve is open, spring loaded bottle mounting mechanism being arranged in relation to the relief valve plunger to prevent the relief valve from closing when the handle is operated to release the bottle, is to provide sequential timing of mechanical lock and gradual pressure relief of carbonating gas for safe operation “It will be appreciated that damper 120 may ensure the unified movement of carbonating arm 40 to the upper position. The controlled unified movement may move cam surface 70 away from plunger 52, thus allowing valve 50 to be opened and therefore allowing pressure from the carbonating process in system 100 to be released in a controlled manner so that by the time carbonating arm 40 and slider 20 are in their pre-carbonation position, all pressure has been released. It is only when carbonating arm 40 and slider 20 are back in this position, that mechanical lock 15 may be released and bottle 45 may be safely released from system 100.” [0030] “Applicants have further realized that these issues may be overcome by releasing pressure gradually after carbonation and allowing the user to release the resulting bottle of carbonated water only once it has been depressurized to atmospheric pressure.” [0020].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Krom and Cohen before him or her, to modify the mostly silent pressure relief of Krom to include the sequential operation features of locking and pressure relief of Brooks, because having the pressure relief sequentially operated to bottle locking function enhances safety.
Regarding claim 15, Krom as modified teaches the beverage carbonation apparatus according to claim 14, Krom as already modified teaches wherein the valve assembly includes a user operable gas release mechanism (as already modified by Cohen, handle 40 with sequentially operated pressure relieving plunger 52 of relief valve 50) to, in use, release pressurized gas into the bottle (as already modified by Cohen, “The controlled unified movement may move cam surface 70 away from plunger 52, thus allowing valve 50 to be opened and therefore allowing pressure from the carbonating process in system 100 to be released in a controlled manner so that by the time carbonating arm 40 and slider 20 are in their pre-carbonation position, all pressure has been released. It is only when carbonating arm 40 and slider 20 are back in this position, that mechanical lock 15 may be released and bottle 45 may be safely released from system 100.” [0030]), the gas release mechanism being coupled to a normally open bung valve (as already modified by Cohen “Gradual releaser 10 comprises a carbonating arm 40 and a normally open valve 50.” [0021]) such that the bung valve is forced closed only when gas release mechanism is operated by the user (bung/plunger 52 operated by user as part of release mechanism/mechanical lock operation “Home carbonization system 100 comprises a gradual releaser 10 and a mechanical lock 15. Gradual releaser 10 comprises a carbonating arm 40 and a normally open valve 50. Normally open valve 50 may comprise a plunger 52. Carbonating arm 40 may comprise a cam surface 70 and may be connected at one end to gas cylinder 12 (via a pin 8 (not shown)) and at the other end may have a slider 20 (also not shown) attached to it. Slider 20 may enable a user 5 to perform the carbonation process by using slider 20 to lower carbonating arm 40 as described in more detail herein below. Carbonating arm 40 may be connected to the housing of system 100 (not shown) via a torsion spring 60. Spring 60 may push on carbonating arm 40 when pivoted and supported by the housing. Mechanical lock 15 comprises a recessed area 35 of carbonating arm 40 and a protrusion 25 of a bottle holder 80. FIG. 1 illustrates system 100 in a pre-carbonation state where normally open valve 50 is open (piston 52 is out) and carbonating arm 40 is in its most upright position.” [0021]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern.
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761
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