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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-8 in the reply filed on 30 September, 2025 is acknowledged. The traversal is on the ground(s) that “there are the same essential technical features between claims 1-8 and 9-10. This is not found persuasive because the groups identified in the restriction requirement are distinct inventions drawn to an electric sparkling water machine, a first use method and a second use method. Restriction for examination purposes as indicated is proper for the previously stated reasons and there would be a serious search burden if restricting were not required because one or more of the following reasons apply:
(A) Separate classification thereof: This shows that each invention has attained recognition in the art as a separate subject for inventive effort, and also a separate field of search. Patents need not be cited to show separate classification.
(B) A separate status in the art when they are classifiable together: Even though they are classified together, each invention can be shown to have formed a separate subject for inventive effort when the examiner can show a recognition of separate inventive effort by inventors. Separate status in the art may be shown by citing patents which are evidence of such separate status, and also of a separate field of search.
(C) A different field of search: Where it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other invention(s) (e.g., searching different classes/subclasses or electronic resources, or employing different search queries), a different field of search is shown, even though the two are classified together. The indicated different field of search must in fact be pertinent to the type of subject matter covered by the claims. Patents need not be cited to show different fields of search.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “a limiting sleeve arranged in the cavity” as claimed 4 and as described in the specification. From the applicant’s disclosure, Figure 4 Element 105 is identified by paragraph [0039] as the “limiting sleeve.” The intended structure of the limiting sleeve is not clear. From figure 4, the limiting sleeve appears to be a hole or protrusion on the outside of the cavity 101. However, the claims place the sleeve on the inside of the cavity. The specifications and claim language seem to contradict the drawings and presents the question: does the limiting sleeve exist in Figure 6 unlabeled?
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
Regarding Claim 1: The term “gear” in claim 1 is used by the claim to mean “mode,” while the accepted meaning in the art is “a toothed wheel” in a larger mechanism. The term is indefinite because the specification does not clearly redefine the term.
Regarding Claim 2: The terms “works” and “does not work” are used in Claim 2 regarding the exhaust valve operation are used to mean “open” and “closed” respectively while the accepted meaning is “functional” and “in a state of malfunction” (or “out of service”). The term is indefinite because the specification does not clearly redefine the term.
Additionally, there are several instances of insufficient antecedent basis which muddy the intended scope of the claim:
Claim 1 recites the limitation "the pressure rod". There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the control board”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the delay return". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the return process". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the pressing degree, pressing frequency and pressing time". There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected based on their dependence on Claim 1.
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.
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ring (US 2015/0014872 A1 in view of Cohen (US 2015/0151258 A1):
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Regarding Claim 1: Ring teaches an electric sparkling water machine ([0005]), comprising
a machine body (See annotated figure 3A “Machine Body”).
a water bottle (“bottle” [0028] Figure 3A Element 170) and a gas bottle (“canister” [0044]) Figure 3A Element 140) which are installed on the machine body (Shown in figure 3A),
a motor (“motor” [0042] Figure 4A Element 310) connected with the pressure rod (“carbonation lever” [0042] Figure 4A Element 330) through a transmission mechanism (“interlocking gears” [0042] Figure 4A Element 330) for controlling the pressure rod to move;
a detection switch (“sensors” [0048] Figure 5 Elements 515, 520, 525, and 530) for providing signals for the control board (“controller unit” [0049] Figure 5 Element 510);
an exhaust port (“exhaust valve” Figure 5 Element 210) of the water bottle for triggering the detection switch (“sensors” [0048] Figure 5 Elements 515, 520, 525, and 530; and
an exhaust valve (“double action safety valve” [0037] Figure 4a Element 270) connected with the exhaust port (“exhaust valve” Figure 5 Element 210) of the water bottle for achieving exhaust control through the action of the transmission mechanism (“interlocking gears” [0042] Figure 4A Element 330 and “carbonation cam” [0042 Figure 4a Element 325) of the motor (“motor” [0042] Figure 4A Element 310) or the pressure rod (“carbonation lever” [0042] Figure 4A Element 330);
wherein the machine body is provided with a control switch (Figure 5 Element 580) and a control board (“controller unit” [0049] Figure 5 Element 510), and the control switch provides a plurality of control gears (“one or more additional controls may be configured to facilitate the selection of a desired level of carbonization (i.e. "weak/low", "regular/medium", "strong/high" [0041])
the machine body (See annotated figure 3A “Machine Body”) is provided with a movable pressure rod (“carbonation lever” [0042] Figure 4A Element 330) for driving an intake thimble (“carbonation injector” [0042] Figure 1A Element 230) to downward control the gas bottle to inflate the water bottle;
when a first gear of the control switch is executed (when indicated by the user via Figure 5 Element 580, “one or more additional controls may be configured to facilitate the selection of a desired level of carbonization (i.e. "weak/low", "regular/medium", "strong/high" [0041]) the motor (“motor” [0042] Figure 4A Element 310) drives the pressure rod (“carbonation lever” [0042] Figure 4A Element 330) to downward control the gas bottle to inflate the water bottle (initiate “carbonation” [0042]); when the pressure of the water bottle reaches a set value (“pre-determined limits (typically 11 bars)” [0037]) , and the control board controls the motor and the transmission mechanism to return to stop inflating the water bottle (cease “carbonation” [0042]) and then drive the exhaust valve (“double action safety valve” Figure 4a Element 270) to exhaust the gas in the water bottle (the “aperture” Figure 2B Element 425’ of the double safety action safety valve “re-open[s] to allow for venting of excess gas” [0037]); when other gears of the control switch are executed, the control board controls the delay return of the motor (cease “carbonation” [0042]) or controls the motor to perform two or more repetitive actions to realize the control of inflating time or inflating times of the gas bottle (“controller may be configured to continue the carbonation process until the water in the water bottle is sufficiently carbonated in accordance with the preferences selected by the use” [0052]).
While Ring teaches the capacity to measure pressure by means of “poppet [0036] that indicates when a particular level of pressure is exceeded, the reference does not teach that a pressure sensor or that the pressure sensor triggers the detection switch
However, Cohen does teach an electric sparkling water machine (“Carbonation system” Abstract), comprising a pressure sensor (“pressure transducer may indicate the [level] of…pressure in the bottle” [0038])
Therefore, it would be obvious to one of ordinary skill in the art at the time of invention to modify the invention of Ring with the pressure sensor of Cohen in order to actively monitor the pressure inside the bottle and “provide an additional safety mechanism to ensure that [the] bottle [is] only…removed when it is safe to do so” [0039].
Regarding Claim 2: Ring as modified by Cohen further teaches three staying gears (Ring- when indicated by the user via Figure 5 Element 580, “one or more additional controls may be configured to facilitate the selection of a desired level of carbonization (i.e. "weak/low", "regular/medium", "strong/high" [0041]) in the return process of the motor (Ring “motor” [0042] Figure 4A Element 310)and the transmission mechanism (Ring (“interlocking gears” [0042] Figure 4A Element 330 and “carbonation cam” [0042 Figure 4a Element 325): when the end of the pressure rod (Ring “carbonation lever” [0042] Figure 4A Element 330)) is at the bottom (Ring “depressed” [0046], carbonation occurs while exhaustion does not), when the pressure rod is lifted to a middle position, the gas bottle is not inflated but the exhaust valve does not work (Ring between “depressed” and “raised” states of the carbonation lever, the carbonation process may be completed where no carbonation or exhaustion occurs [0044])]); when the end of the pressure rod is lifted to a high position, the gas bottle is not inflated and the exhaust valve works (Ring in the “raised” position, the carbonation lever “terminate[s]” carbonation action [0044], but gas may escape through the “double action safety valve” Figure 4a Element 270))
Regarding Claim 3: Ring as modified by Cohen further teaches that the control board (Ring “controller unit” [0049] Figure 5 Element 510) controls the motor (“motor” [0042] Figure 4A Element 310) to drive the transmission mechanism ((“interlocking gears” [0042] Figure 4A Element 330 and “carbonation cam” [0042 Figure 4a Element 325) to perform different actions (initiate and cease “carbonation” [0042]), and then controls the pressing degree (the motor and transmission inherently control the pressing degree), pressing frequency and pressing time (Ring [0053] “number/length/interval”) of the pressure rod (Ring “carbonation lever” [0042] Figure 4A Element 330), to achieve the control of an intake state in the water bottle (Ring [0052]).
Regarding Claim 5: Ring as modified by Cohen further teaches the detection switch (Ring “sensors” [0048] Figure 5 Elements 515, 520, 525, and 530 ) is started, the control board (Ring “controller unit” [0049] Figure 5 Element 510) controls the motor (Ring “motor” [0042] Figure 4A Element 310)) to return immediately or return in delay (Ring cease “carbonation” [0042]) in the water bottle (Ring “bottle” [0028] Figure 3A Element 170) to drive the transmission mechanism (Ring (“interlocking gears” [0042] Figure 4A Element 330 and “carbonation cam” [0042 Figure 4a Element 325)) to self-return (Ring cease “carbonation” [0042])
Regarding Claim 6: Ring as modified by Cohen further teaches that when the detection switch (Ring “sensors” [0048] Figure 5 Elements 515, 520, 525, and 530 ) is started, the control board (Ring “controller unit” [0049] Figure 5 Element 510) controls the motor (Ring “motor” [0042] Figure 4A Element 310) to return immediately, or return for a period of time to work again (Ring start and cease “carbonation” [0042]) for repeated times (Ring [0052]-[0053]]); and after the motor returns, the transmission mechanism, is driven to self-return (cease state of “carbonation” [0049]) in the water bottle (Ring “bottle” [0028] Figure 3A Element 170)
Regarding Claim 7: Ring as modified by Cohen further teaches that an elastic element (Ring “spring” [0036] Figure 2B Element 212) is also arranged, and the elastic element is used for driving the pressure rod (Ring “carbonation lever” [0042] Figure 4A Element 330) to realize self-return when not driven by the motor and the transmission mechanism (Ring cease state of “carbonation” [0049]).
Regarding Claim 8: Ring as modified by Cohen further teaches that the transmission mechanism (Ring “interlocking gears” [0042] Figure 4A Element 330 and “carbonation cam” [0042 Figure 4a Element 325) comprises a cam handle “carbonation cam” [0042 Figure 4a Element 325; a first end of the cam handle is connected with a motor shaft (Ring See Annotated Figure 4A “Motor Shaft”) of the motor (Ring “motor” [0042] Figure 4A Element 310)), and a second end is provided with a dial rod (Ring “placing cam” [0043] Figure 4B Element 325; the dial rod is arranged in a chute (Ring See annotated Figure 4A “chute”) when the cam handle rotates downward, the pressure rod (Ring “carbonation lever” [0042] Figure 4A Element 330) is driven to press; when the motor(Ring “motor” [0042] Figure 4A Element 310) is deenergized, the cam handle is returned upward under the drive of self-return of the motor or an external force; and when the cam handle reaches the top, the first end of the cam handle presses an exhaust ejector rod (Ring “contact pin” [0043] Figure 4A Element 275) of the exhaust valve (Ring “double action safety valve” [0037] Figure 4a Element 270), to make the exhaust valve work
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ring (US 2015/0014872 A1) in view of Cohen (US 2015/015128 A1) as applied to claim 1, and in further view of Wu (US 2021/0220781A1):
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Regarding Claim 4: Ring as modified by Cohen further teaches that the electric sparkling water machine comprises a pressure sensor (Cohen- “pressure transducer may indicate the [level] of…pressure in the bottle” [0038])
Ring as modified by Cohen does not teach that the pressure sensor comprises: a cavity; the cavity provides an inlet end; the inlet end is communicated with the exhaust port of the water bottle through a conduit; a movable piston push rod and a limiting sleeve are arranged in the cavity; the piston push rod extends from the cavity and is kept close to the detection switch; a spring is arranged between the piston push rod and the limiting sleeve; and during work, gas in the water bottle enters from the inlet end and pushes the piston push rod to overcome the acting force of the spring to gradually move toward the detection switch until the detection switch is started.
However, Wu does teach an electric sparkling water machine (“sparkling water maker” Abstract) with a pressure sensor (“valve” with a “present pressure” that monitors the amount of pressure within the different components” [0022]) wherein the pressure sensor comprises: a cavity (“Chamber” [0021] Figure 2 Element 10); the cavity provides an inlet end (Figure 2 as annotated “Inlet End”) ; the inlet end is communicated with the exhaust port (“pressure relief valve” Figure 1 Element 14) of the water bottle through a conduit (Figure 2 Element 5 “First Gas Guide Tube”) ; a movable piston push rod (“piston” [0022- Figure 2 Element 112) and a limiting sleeve (“sealing rings…in interference fit with the inner wall of the chamber” [0024] Figure 2 Element 114) are arranged in the cavity; the piston push rod extends (moves to control operation [0022]) from the cavity and is kept close to the detection switch (“block” [0022] Figure 2 Element 111) ; a spring (“compression spring” [0025] Figure 2 Element 15) is arranged between the piston push rod and the limiting sleeve (Shown in figure 2); and during work, gas in the water bottle enters from the inlet end and pushes the piston push rod to overcome the acting force of the spring to gradually move toward the detection switch until the detection switch is started (“the compression spring drives the piston” [0025” to initiate the “flow” of carbonation “into the bottle” [0026])
Therefore, it would be obvious to one of ordinary skill in the art at the time of invention to modify the pressure sensor of Ring as modified by Cohen with the cavity, piston, limiting sleeve as taught by Wu in order to enable the “intake passage of carbon dioxide. to be automatically closed by the valve…[and] avoid a waste of gas” [0015].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOLAN OLIVA whose telephone number is (571-)272-2518. The examiner can normally be reached Monday-Thursday 7:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Topaz Elliot can be reached at (571) 270-5851. The fax phone number for the organization where this application or proceeding is assigned is 571-270-5569.
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/SOLAN OLIVA/Examiner, Art Unit 3761
/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761