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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-27 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.
In claim 21, at lines 1 and 2, it is unclear how the base fluid and pressurized gas are configured to “mix” the chamber.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 9-21, 23 and 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stumphauzer.
There is disclosed in Stumphauzer a system comprising: a chamber 11 configured to receive a liquid and a pressurized gas (carbon dioxide) therein that are mixed together in the chamber to form a treated fluid (carbonated water); a first vent 46a which includes flow restrictor, and a second vent 46b which is not in communication with the flow restrictor, wherein the firs and second vents are operatively coupled to the chamber and configured to move from a closed position to an open position, by way of a valve 47, so as to allow pressure in the chamber to be released through the one or more vents; and a processor (control circuit) 19 configured to control movement of the one or more vents between the closed position and the open position such that the release of the pressure occurs in a first venting period, in which flow is restricted through the one or more vents, and then in a second venting period, in which flow is not restricted through the one or more vents (col. 5, lns. 18-57).
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) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stumphauzer in view of Gordon et al.
Gordon discloses that it is known in the art to make use of a single vent 51b operatively coupled to a processor 5 to open and close for the release of pressure from a liquid and gas mixing chamber.
It would have been obvious to one skilled in the art to substitute the first and second vent arrangement of Stumphauzer with the single vent arrangement disclosed in Gordon, in order to reduce the number of working parts for the manufacture of the system and thus reduce cost.
Claim(s) 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stumphauzer and in view of Schnittger et al. (EP 3810469).
Schnittger discloses the use of vent solenoids 21a and 22a operable with valve 40a to allow first and second venting arrangements.
It would have been obvious to one skilled in the art to substitute the valve arrangement of Stumphauzer with the valve and solenoid arrangement disclosed in Schnittger, in order to provide an alternative arrangement for controlling the release of pressure through the vents. Wherein the solenoids allow for direct individual control of each vent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art references to Bishop et al., Belmont and Goulet et al. are cited for their disclosure of the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD L. ALEXANDER whose telephone number is (571)272-1395. The examiner can normally be reached M-F 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REGINALD ALEXANDER/
Examiner
Art Unit 3761
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