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 1-18 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.
Regarding claims 1 and 11, the phrase "can be” renders the claims indefinite for not providing positive limitation because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The dependent claims are rejected for their inherited deficiencies on rejected independent claims 1 and 11.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-8, 10-13, 15-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ring et al. (US 20130037969).
Regarding claim 1, Ring et al. discloses a system 100 (fig. 3A) comprising:
a CO2 source (140, i.e. called a CO2 canister) containing pressurized CO2 therein and including a pin (275) configured to move between a first position (i.e. a close state) and a second position (i.e. an open state), the pressurization biasing the pin (275) to the first position (i.e. a close state);
a motor (310); and
a cam (325) configured to be driven by the motor (310) to move in a first direction (see figure 4B as indicated by the arrows C) relative to the CO2 source and thereby move the pin (275) from the first position (i.e. a close state) to the second position (i.e. an open state), and the cam (325) being configured to be driven by the motor (310) to move in a second direction (see figure 4B as indicated by the opposite arrows C), opposite to the first direction, relative to the CO2 source (140, i.e. called a CO2 canister) and thereby move the pin (275) from the second position (i.e. an open state) to the first position (i.e. a close state) (¶ 0015, 0051-0053);
wherein the pin (275) being in the first position (i.e. a close state) corresponds to the CO2 source (140) being closed such that the CO2 contained therein cannot be released (i.e. when the lever 330 is not depressed) from the CO2 source (¶ 0044, 0053);
the pin (275) being in the second position (i.e. an open state) corresponds to the CO2 source being open such that the CO2 contained therein can be released from the CO2 source (¶ 0051, i.e. carbonation lever 330 may be configured such that when depressed such that the CO2 contained therein can be released from the CO2 source) (¶ 0054-0055); and
the CO2 released from the CO2 source (140) is configured to be used by a carbonation system (100) in forming a carbonated fluid (¶ 0056, i.e. carbonated water).
With respect to claim 2, Ring et al. discloses wherein the pin (275) is configured such that a top surface of the pin (275) slides along the cam (325) during the movement of the cam (325) relative to the CO2 source (140).
With respect to claim 4, Ring et al. discloses wherein the cam (325) is formed in a drive member (330, i.e. interlocking gears) operably coupled to the motor (310).
With respect to claim 5, Ring et al. discloses a gear train (320, i.e. carbonation lever) that operably couples the motor (310) and the drive member (330, i.e. interlocking gears); wherein the cam(325) is configured to be driven by the motor (310) driving the gear train (320, i.e. carbonation lever).
With respect to claim 6, Ring et al. discloses a processor (510, i.e. a control unit) operably coupled to the motor (310);
wherein the processor (510, i.e. a control unit) is configured to transmit a first control signal (i.e. instruction signals) to the motor (310) that causes the motor to drive the cam's movement in the first direction (see figure 4B as indicated by the arrows C); and
the processor (510, i.e. a control unit) is configured to transmit a second control signal (i.e. instruction signals) to the motor (310) that causes the motor to drive the cam's movement in the second direction (see figure 4B as indicated by the opposite arrows C) (¶ 0059, 0062, 0072).
With respect to claim 7, Ring et al. discloses wherein the processor (510, i.e. a control unit) is configured to transmit the second control signal (i.e. instruction signals) to the motor (310) a predetermined amount of time after the processor (510, i.e. a control unit) has transmitted the first control signal (i.e. instruction signals) to the motor (310) (¶ 0062).
With respect to claim 8, Ring et al. discloses wherein the processor (510, i.e. a control unit) is configured to receive a signal (i.e. input) indicative of a start of a process of forming the carbonated fluid (i.e. carbonated water) (¶ 0048, 0056-0057); and
the processor (510, i.e. a control unit) is configured to transmit the first control signal (i.e. instruction signals) to the motor in response to the receipt of the signal indicative of the start of the process of forming the carbonated fluid (i.e. carbonated water) (¶ 0063).
With respect to claim 10, Ring et al. discloses a liquid source (170, i.e. a water bottle) that contains a liquid (i.e. water) therein; and
a mixing chamber (¶ 0056) in which the carbonation system is configured to mix liquid from the liquid source (170, i.e. a water bottle) and CO2 from the CO2 source (140, i.e. called a CO2 canister) to form the carbonated fluid (i.e. a carbonated water) (¶ 0061).
With respect to claim 11, Ring et al. discloses a system 100 (fig. 3A), comprising:
a motor (310);
a CO2 source (140, i.e. called a CO2 canister) containing pressurized CO2 therein and being configured to move from being closed (i.e. a close state), in which CO2 cannot be released from the CO2 source (140, i.e. called a CO2 canister), to being open (i.e. an open state), in which the CO2 can be released from the CO2 source (140, i.e. called a CO2 canister) and used in forming a carbonated fluid (¶ 0056, i.e. carbonated water);
a drive member (330, i.e. interlocking gears) operably coupled to the motor (310) and to the CO2 source (140, i.e. called a CO2 canister); and
a processor (510, i.e. a control unit) configured to transmit a first control signal (i.e. instruction (i.e. instruction signals) to the motor (310) that causes the motor to drive rotation of the drive member (330, i.e. interlocking gears) in a first direction (see figure 4B as indicated by the arrows C), thereby causing the CO2 source (140, i.e. called a CO2 canister) to move from being closed to being open, and the processor (510, i.e. a control unit) being configured to transmit a second control signal (i.e. instruction (i.e. instruction signals) to the motor (310) that causes the motor to drive rotation of the drive member (330, i.e. interlocking gears) in a second, opposite direction (see figure 4B as indicated by the opposite arrows C), thereby causing the CO2 source (140, i.e. called a CO2 canister) to move from being open to being closed (¶ 0015, 0051-0053, 0059, 0062, 0072).
With respect to claim 12, Ring et al. discloses wherein the CO2 source (140, i.e. called a CO2 canister) includes a pin (275) configured to move between a first position (i.e. a close state) and a second position (i.e. an open state);
the pressurized CO2 contained in the CO2 source (140, i.e. called a CO2 canister) biases the pin (275) to the first position (i.e. a close state);
the CO2 source (140, i.e. called a CO2 canister) is closed with the pin (275) in the first position (i.e. a close state) (¶ 0044);
the CO2 source (140, i.e. called a CO2 canister) is open with the pin (275) in the second position (i.e. an open state) (¶ 0043);
the drive member (330, i.e. interlocking gears) rotating in the first direction (see figure 4B as indicated by the arrows C) pushes on the pin (275) to force the pin to move from the first position (i.e. a close state) to the second position (i.e. an open state); and
the drive member (330, i.e. interlocking gears) rotating in the second direction (see figure 4B as indicated by the opposite arrows C) allows the pin (275) to automatically move from the second position (i.e. an open state) to the first position (i.e. a close state) (¶ 0015, 0051-0053).
With respect to claim 13, Ring et al. discloses wherein the drive member (330, i.e. interlocking gears) includes a cam (325) engaged with the pin (275), and the rotation of the drive member (330, i.e. interlocking gears) is configured to cause a top surface of the pin (275) to slide along the cam (325).
With respect to claim 15, Ring et al. discloses a gear train (320, i.e. carbonation lever) that operably couples the motor (310) and the drive member (330, i.e. interlocking gears); wherein the drive member (330, i.e. interlocking gears) is configured to rotate by the motor (310) driving the gear train (320, i.e. carbonation lever).
With respect to claim 16, Ring et al. discloses wherein the processor (510, i.e. a control unit) is configured to receive a signal (i.e. input) indicative of a start of a process of forming a carbonated fluid (i.e. carbonated water) (¶ 0048, 0056-0057); and
the processor (510, i.e. a control unit) is configured to transmit the first control signal (i.e. instruction signals) to the motor in response to the receipt of the signal (i.e. input) indicative of the start of the process of forming the carbonated fluid (i.e. carbonated water) (¶ 0063).
With respect to claim 18, Ring et al. discloses a liquid source (170, i.e. a water bottle) that contains a liquid (i.e. water) therein; and a mixing chamber (¶ 0056) in which a carbonation system (100) is configured to mix liquid from the liquid source (170, i.e. a water bottle) and CO2 from the CO2 source (140, i.e. called a CO2 canister) to form the carbonated fluid (i.e. a carbonated water) (¶ 0061).
With respect to claim 19, Ring et al. discloses a method comprising (¶ 0017): transmitting (¶ 0059, 0062, 0071-0072) a first control signal (i.e. instruction signals) from a processor (510, i.e. a control unit) to a motor (310) that causes the motor to drive rotation of a drive member (330, i.e. interlocking gears) in a first direction (see figure 4B as indicated by the arrows C), thereby causing a CO2 source (140, i.e. called a CO2 canister) to move from being closed (i.e. a close state) to being open (i.e. an open state) such that pressurized CO2 contained in the CO2 source (140, i.e. called a CO2 canister) is released from the CO2 source for use in forming a carbonated fluid (¶ 0056, i.e. carbonated water); and
transmitting a second control signal (i.e. instruction signals) to the motor (310) that causes the motor to drive rotation of the drive member (330, i.e. interlocking gears) in a second, opposite direction (see figure 4B as indicated by the opposite arrows C), thereby causing the CO2 source (140, i.e. called a CO2 canister) to move from being open (i.e. an open state) to being closed (i.e. a close state) (¶ 0042-0044).
With respect to claim 20, Ring et al. discloses wherein the rotation of the drive member (330, i.e. interlocking gears) in the first direction (see figure 4B as indicated by the arrows C) causes a cam (325) of the drive member to push down a pin (275) of the CO2 source (140, i.e. called a CO2 canister) and counteract force applied to the pin (275) by the pressurized CO2 contained in the CO2 source (140, i.e. called a CO2 canister); and
the rotation of the drive member (330, i.e. interlocking gears) in the second direction (see figure 4B as indicated by the opposite arrows C) allows the pin (275) to automatically move up (see figure 4B).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ring et al. (US 20130037969) in view of Buosi et al. (US 20130026665).
Regarding claims 3 and 14, Ring et al. discloses all the limitations of the claimed invention as set forth above, except for wherein the cam has a tapered shape in which a first terminal end of the cam is wider than a second terminal end of the cam; the pin in the first position engages the first terminal end of the cam; and the pin in the second position engages the second terminal end of the cam.
However, Buosi teaches wherein the cam 180 (fig. 1) has a tapered shape (see figure 1) in which a first terminal end (i.e. at the present position) of the cam is wider than a second terminal end (i.e. when the rod 170 is pressed down by the rotation of the cam 180) of the cam (¶ 0031); the pin (170, i.e. called a rod) in the first position engages the first terminal end of the cam (180); and the pin (170, i.e. called a rod) in the second position engages the second terminal end of the cam (180) (¶ 0033-0034).
The combination of references are analogous art because they are from the same field of endeavor of carbonator devices. 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 Ring and Buosi before him or her, to include such a cam arrangement of Buosi because it allows loading water to be carbonated within the carbonator at a pressure lower than said predetermined value necessary for the proper functioning of the known pressure reducer, this allowing to have a wide variety of carbonation levels, and thus of types of carbonated waters/beverages that can be obtained. The suggestion/motivation for doing so would have been obvious because it provides carbonated water resulting from the mixing process between the carbon dioxide and the primary water within the carbonator (¶ 0003).
Allowable Subject Matter
Claims 9 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The closest prior art of record are Ring et al. in view of Buosi et al., the prior art of record references neither discloses, or suggests, in combination with the other limitations of dependent claims 9 and 17, “a first switch operably coupled with the processor; a second switch operably coupled with the processor; and a gear configured to be driven by the motor to move between a first position, in which the gear is engaged with the first switch and is not engaged with the second switch, and a second position, in which the gear is engaged with the second switch and is not engaged with the first switch; wherein the gear becoming engaged with the first switch is configured to cause the processor to transmit the first control signal; and the gear becoming engaged with the second switch is configured to cause the processor to transmit the second control signal.”
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McClean et al. (US 20170246597). Feng (US 20230405539). Hatherell (US 20140070431). Hoare et al. (US 9,687,796). Ring et al. US 20150014872). Chatterjee et al. (US 20110036244). Small et al. (US 3,221,637). Rolfes et al. (US 7,210,401). And Kawada (US 5,299,491).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KET D DANG whose telephone number is (571)270-7827. The examiner can normally be reached Monday - Wednesday 7:30 AM - 4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761
Prosecution Insights