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 .
Summary
This Non-Final Office Action in response to the Appeal Brief Filed received on December 18, 2025.
Claims 1-40 have been cancelled.
Claims 41-60 are pending.
The effective filing date of the claimed invention is February 1, 2019.
35 USC § 101 – Analysis for why Claims are found Eligible
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 41-60 have been analyzed and found eligible under 35 U.S.C. 101.
Claims 41-60 are found eligible for similar rationale to PEG Example 46, Claim 2.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claim 60 is a process and Claims 41-59 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 41 (and similarly Claim 60) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
A system for monitoring and controlling pouring of liquid from a plurality of bottles, comprising:
a plurality of wireless beverage control devices each associated with a respective bottle of the plurality of bottles, each wireless beverage control device comprising:
an insert configured to frictionally engage with an interior surface of the respective bottle;
a flow control device to selectively block the liquid or allow the liquid to flow through the wireless beverage control device;
a flow sensor that measures the flow of the liquid through the wireless beverage control device (See MPEP 2016.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
wireless communication circuitry;
control circuitry, wherein the control circuitry is configured to receive a pour instruction via the wireless communication circuitry to cause the flow control device to allow a flow of the liquid through the wireless beverage control device, to monitor data received from the flow sensor while the flow of the liquid is allowed including a volume of liquid passing through the flow control device corresponding to a mis-pour (See MPEP 2016.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)), generate a pour alert based on the monitored data from the flow sensor (See MPEP 2016.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)), and to cause the wireless communication circuitry to transmit the pour alert and the volume of liquid passing through the flow control device during the mis-pour (See MPEP 2016.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
a battery configured to provide power to operate the flow control device, the flow sensor, and the control circuitry.
Claim 1 (and similarly Claim 60) is directed to a series of steps for monitoring a beverage control device and transmitting an alert, which are mental processes. The mere nominal recitation of wireless beverage control devices comprising an insert, a flow control device, a flow sensor, a wireless communication circuitry, control circuitry, and a battery does not take the claim out of the method of organizing human interactions. Thus, Claim 1 (and similarly Claim 60) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
“Control circuitry, wherein the control circuitry is configured to receive a pour instruction via the wireless communication circuitry to cause the flow control device to allow a flow of the liquid through the wireless beverage control device” is a limitation that does not merely link the judicial exceptions to a technical field, but instead adds a meaningful limitation in that it can employ the information provided by the judicial exception (monitoring a beverage control device and transmitting an alert) to operate the flow control device. As explained in the specification, providing a pour instruction to cause a flow device to allow flow of a liquid allows an establishment greater control over inventory usage and monitoring and implementation of establishment guidelines and directives. This limitation of allowing a flow of liquid in combination with the wireless beverage control device enables control of the correct bottle for the correct amount of liquid flow beyond merely automating the abstract idea. Using the information obtained via the judicial exception to take corrective action such that the monitoring component is operable to control the beverage control device in a particular way is an “other meaningful limitation” that integrates the judicial exception into the overall inventory management and dispensing scheme and accordingly practically applies the exception, such that the claim is not directed to the judicial exception (Step 2A: NO). Claim 41 (and similarly Claim 60) is eligible.
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) 41-60 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2016/0096717 “Keating”, in view of US Pat Pub 2018/0201494 “Chhabra”, in view of US Pat Pub 2019/0276297 “Tewari”.
As per Claims 41 and 60, Keating discloses a system and method for monitoring and controlling pouring of liquid from a plurality of bottles, comprising:
a plurality of wireless beverage control devices each associated with a respective bottle of the plurality of bottles, each wireless beverage control device comprising (Keating: [0025] With initial reference to FIG. 1, a beverage dispensing system 10 includes a pour spout 12 that is securely inserted into the neck of a bottle 14 that contains a beverage, such as liquor, to be dispensed. Although only one bottle and pour spout are shown, it should be understood that at a typical tavern, restaurant, or similar facility, there are a plurality of bottles, each having a similar pour spout.):
an insert configured to frictionally engage with an interior surface of the respective bottle (Keating: [0027] The pour spout 12 includes a bottle adapter 30 that when inserted into the neck of the bottle 14 makes a liquid tight seal that prevents liquid from escaping the bottle unless the pour spout is activated. The bottle adapter 30 may be made of plastic with rings 31 of different outer diameters to fit tightly into bottle necks of different sizes,);
a flow control device to selectively block the liquid or allow the liquid to flow through the wireless beverage control device (Keating: [0036] In this closed loop servo system, servo control such a Proportional Integral Derivative (aka PID), or any subset of such could be employed by the first controller 92 to control opening and closing of the spout valve 42.);
a flow sensor that measures the flow of the liquid through the wireless beverage control device (Keating: [0033] The sensor lever 82 passes through an electro-optical sensor 84 that produces an electrical signal having two states indicating whether the pour spout valve 42 is opened or closed.);
wireless communication circuitry (Keating: [0037] Instead of radio frequency links and radio transceivers other types of wireless communication signals, such as light beams, and transmission devices can be employed for wireless communication between various components of the beverage dispensing system.);
control circuitry, wherein the control circuitry is configured to receive a pour instruction via the wireless communication circuitry to cause the flow control device to allow a flow of the liquid through the wireless beverage control device, to monitor data received from the flow sensor while the flow of the liquid is allowed (Keating: [0057] The designated pour spout 12 receives that activation message... the pour spout control circuit 90 also senses the temperature of the beverage and the angle at which the bottle has been tilted. The pour spout control circuit 90 also keeps track of the quantity of liquor remaining in the bottle. Those three variable factors affect the rate at which fluid flows through the pour spout and the first controller 92 uses the sensed temperature, the tilt angle and the remaining liquor quantity to adjust the nominal pour time interval to ensure that the proper quantity of beverage is dispensed under those variable conditions. That action produces an adjusted pour time interval. [0058] The first controller 92 then operates the motor 76 to open the spout valve 42 and begins measuring the amount of time that the spout valve is held open. When that amount of time equals the adjusted pour time interval, the motor 76 is activated to close the valve. The first controller 92 then deactivates the light emitter 99 on the pour spout. The closure of the spout valve 42 is communicated by the first radio transceiver 98 via the first radio frequency link 15 to the server interface 16.), generate a pour alert based on the monitored data from the flow sensor (Keating: [0054] When the server interface 16 receives a message containing the associated server identifier and an approval code for the cocktail mode, the data contained in that message is extracted and stored in the memory 103. At step 311, the server interface 16 sends a message to the pour spout 12 for each bottle 14 containing one of the liquor ingredients. Each of those messages, sent via the first radio frequency link 15, instructs the control circuit 90 in the respective spout), and to cause the wireless communication circuitry to transmit the pour alert (Keating: [0054] When the server interface 16 receives a message containing the associated server identifier and an approval code for the cocktail mode, the data contained in that message is extracted and stored in the memory 103. At step 311, the server interface 16 sends a message to the pour spout 12 for each bottle 14 containing one of the liquor ingredients. Each of those messages, sent via the first radio frequency link 15, instructs the control circuit 90 in the respective spout); and
a battery configured to provide power to operate the flow control device, the flow sensor, and the control circuitry (Keating: [0038] Both the server interface 16 and the pour spout 12 are battery powered and may have a battery that is inductively rechargeable at a central recharging station in the tavern or restaurant.).
Keating fails to disclose a system and method for monitoring and controlling pouring of liquid from a plurality of bottles, comprising:
monitor data received from the flow sensor while the flow of the liquid is allowed including a volume of liquid passing through the flow control device corresponding to a mis-pour,
cause the wireless communication circuitry to transmit the volume of liquid passing through the flow control device during the mis-pour.
Chhabra teaches a system and method for monitoring and controlling pouring of liquid from a plurality of bottles, comprising:
monitor data received from the sensor while the flow of the liquid is allowed including a volume of liquid passing through the flow control device corresponding to a mis-pour (Chhabra: [0034] In one embodiment, any data transmitted from electronic pourer to external computing device comprises the electronic pourer identification data, data or flag determining the type of transmission (‘activation’, ‘deactivation’, ‘pour initiated’, ‘pour completed’, etc.) and optionally timestamp associated with the transmission. And [0035] capturing the duration the orientation of electronic pourer when during a dispensing/pouring action can determine the duration of the pour of the liquor/spirit/liquid. This data can be used to determine the average duration of a pour from a bottle (or multiple bottles) and whether a given pour was above or below the average pour. Since the timestamp of the dispensing action is associated and saved into the database at each pour, managers/owners can determine the employee (based on timekeeping records) whose actions resulted in the below/above average pour. This information can be helpful to a manager/owner of a bar since an above average pour can indicate an over-pour (thus resulting in direct financial loss to the bar) and a below average pour can indicate under-pouring),
cause the wireless communication circuitry to transmit the volume of liquid passing through the flow control device during the mis-pour (Chhabra: [0034] In one embodiment, any data transmitted from electronic pourer to external computing device comprises the electronic pourer identification data, data or flag determining the type of transmission (‘activation’, ‘deactivation’, ‘pour initiated’, ‘pour completed’, etc.) and optionally timestamp associated with the transmission. And [0035] capturing the duration the orientation of electronic pourer when during a dispensing/pouring action can determine the duration of the pour of the liquor/spirit/liquid. This data can be used to determine the average duration of a pour from a bottle (or multiple bottles) and whether a given pour was above or below the average pour. Since the timestamp of the dispensing action is associated and saved into the database at each pour, managers/owners can determine the employee (based on timekeeping records) whose actions resulted in the below/above average pour. This information can be helpful to a manager/owner of a bar since an above average pour can indicate an over-pour (thus resulting in direct financial loss to the bar) and a below average pour can indicate under-pouring).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Keating to include measuring the pour as taught by Chhabra, monitoring and controlling pouring of liquids from bottles as taught by Keating with the motivation to identify when an alcoholic spirit/liquor is being poured along with other pertinent information that can assist a bar manager/operator to track inventory of the spirit/liquor and/or provide data for accountability purposes (Chhabra: [0005]).
Keating and Chhabra fail to disclose a system and method for monitoring and controlling pouring of liquid from a plurality of bottles, comprising:
data received from the flow sensor while the flow of the liquid is allowed including a volume of liquid passing through.
Tewari teaches a system and method for monitoring and controlling pouring of liquid from a plurality of bottles, comprising:
data received from the flow sensor while the flow of the liquid is allowed including a volume of liquid passing through (Tewari: [0068] he distribution system may include one or more flow sensors 136 associated with the distribution lines 134. For example, the flow sensors may be arranged to measure a volume of liquid flowing from a beverage container through a distribution line 134 and to an associated outlet 110, and the volume measured by the flow sensor may be used by an associated controller to determine how much of a particular beverage ingredient has been dispensed.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Keating and Chhabra to include a flow sensor to measure the volume of liquid as taught by Tewari, with the monitoring and controlling pouring of liquids from bottles as taught by Keating and Chhabra with the motivation to afford simple, fast, and/or more precise preparation of the beverage (Tewari: [0030]).
As per Claim 42, Keating discloses a system, further comprising a beverage operations system, wherein the beverage operations system comprises:
a wireless communication interface configured to wirelessly communicate with each of the respective wireless beverage control devices via the respective wireless communication circuitry of the respective wireless beverage control device (Keating: [0054] -[0057]);
a memory comprising instructions stored thereon; and a processor coupled to the wireless communication interface and the memory (Keating: [0054] -[0057]), wherein the processor is configured to execute the instructions to:
provide, to respective beverage control devices of the plurality of wireless beverage control devices, one or more pour instructions (Keating: [0054]);
receive, from the plurality of beverage control devices, a plurality of the pour alerts (Keating: [0054] -[0057]); and
modify which of the respective control beverage devices receive the one or more of the pour instructions based on the plurality of the pour alerts (Keating: [0054] -[0057]).
As per Claim 43, Keating discloses a system, wherein the control circuitry of each beverage control device is further configured to receive an input signal, and where the causing of the flow control device to allow flow of the liquid through the beverage control device is based on the input signal (Keating: [0056]-[0057]).
As per Claim 44, Keating discloses a system, wherein each wireless beverage control device further comprises a second sensor, wherein the second sensor receives power from the battery, wherein the second sensor measures movement of the beverage control device, and wherein the input signal comprises the measured movement (Keating: [0035]-[0038]).
As per Claim 45, Keating discloses a system, wherein each beverage control device further comprises a user interface, and wherein the input signal comprises information received from the user interface (Keating: [0051]).
As per Claim 46, Keating discloses a system, wherein the user interface comprises a button or a touchscreen, and wherein the information comprises a selection of the button or a portion of the touchscreen (Keating: [0051]).
As per Claim 47, Keating discloses a system, wherein each beverage control device further comprises a second sensor (Keating: [0035]).
As per Claim 48, Keating discloses a system, wherein the control circuitry of each beverage control device is further configured to monitor second data received from the second sensor whether or not the flow of the liquid is allowed, wherein the control circuitry of each beverage control device is further configured to generate a second alert based on the monitored second data from the second sensor and to cause the wireless communication circuitry to transmit the second alert (Keating: [0035]).
As per Claim 49, Keating discloses a system, wherein the second sensor comprises a sensor that measures an environmental characteristic (Keating: [0035]).
As per Claim 50, Keating discloses a system, wherein the environmental characteristic comprises temperature or humidity (Keating: [0035]).
As per Claim 51, Keating discloses a system, wherein the environmental characteristic comprises battery level or attachment to the respective bottle (Keating: [0038]).
As per Claim 52, Keating discloses a system, wherein the control circuitry of each beverage control device is further configured to monitor second data received from the second sensor and to generate the pour alert based on both the monitored data from the flow sensor and the monitored second data from the second sensor (Keating: [0035]).
As per Claim 53, Keating discloses a system, wherein the second sensor comprises a temperature sensor that measures a temperature of the liquid within the respective beverage control device (Keating: [0035]).
As per Claim 54, Keating discloses a system, wherein the second sensor comprises a presence sensor that measures a presence of the liquid within the respective beverage control device (Keating: [0035]).
As per Claim 55, Keating discloses a system, wherein each beverage control device further comprises a user interface, and wherein the control circuitry is further configured to provide visual information to a user via the user interface based on the received pour instruction (Keating: [0035]).
As per Claim 56, Keating discloses a system, wherein the user interface comprises a light or LED, and wherein the visual information comprises a change of an appearance of the light or the LED (Keating: [0035]).
As per Claim 57, Keating discloses a system, wherein the user interface comprises a touch screen, and wherein the visual information comprises a change of an appearance of the touch screen (Keating: [0037]).
As per Claim 58, Keating discloses a system, wherein the visual information corresponds to an indication that a bottle should be selected for a pour, an indication that a bottle is one of a number of possible bottles to pour, or an identifier for a brand or type of drink (Keating: [0035]).
As per Claim 59, Keating discloses a system, wherein the control circuitry is further configured the visual information is further based on the monitored data received from the flow sensor, and wherein the visual information corresponds to an indication that a pour is complete, a pour is almost complete, a bottle needs to be changed, or a pour error (Keating: [0037]).
Response to Arguments
Applicant’s arguments, see Appeal Brief Filed, filed December 18, 2025, with respect to the rejection(s) of claim(s) 41-60 under 35 USC 102 have been fully considered and are persuasive. In particular, the applicant effectively argued the difference between a flow sensor for sensing the volume of liquid passing through the flow control device, and calculating the volume of liquid passing through based on other sensed data such as the sensed temperature, the tilt angle and the remaining liquor quantity. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 USC 103 in view of US Pat Pub 2016/0096717 “Keating”, in view of US Pat Pub 2018/0201494 “Chhabra”, in view of US Pat Pub 2019/0276297 “Tewari”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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/REVA R MOORE/ Examiner, Art Unit 3627
/FAHD A OBEID/ Supervisory Patent Examiner, Art Unit 3627