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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 4, 6-7, 12, 14-15, and 21-22 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.
Claim 4 states " optionally at a connection between the outlet and the duct".
Claim 6 states "the activation assembly optionally comprising a piercing and/or cutting member for breaking the foil".
Claim 7 states "which is optionally moveable by the activation assembly with respect to a respective receiving structure from a sealing position to an opened position".
Claim 12 states "wherein optionally the pumping element and/or pump comprises a peristaltic pump which is configured to actuate a flexible wall of the duct from outside the duct for urging product concentrate along the flow path inside the duct".
Claim 14 states "the valve member is optionally configured to be controlled by a dispensing machine which is configured to supply the liquid to the liquid inlet of the mixing unit" and “wherein optionally the valve member is configured to connect to a liquid injector of the dispensing machine”.
Claim 15 states "wherein optionally an internal flow path width of the duct is in the range of 2 mm to 30 mm".
Claim 21 states "optionally the container is separate from the mixing unit and/or from the duct".
Claim 22 states "optionally received from the dispensing machine of the system; and (c) dispensing from the mixing unit, as a flowable food product the product concentrate mixed with the liquid" and “wherein optionally the flowable food product is dispensed as a foamed food product”.
It is unclear if the recitation following the word optionally is a positive limitation or merely an exemplary preference (MPEP 2173.05(d) and (i)).
Claims 22-24 recites "The method of dispensing a flowable food product, comprising:(a) providing a dispensing assembly according to claim 1", but claim 1 is an apparatus claim. When both an apparatus and a method are claimed in the same claim it is unclear whether infringement occurs when the apparatus is constructed or when the apparatus is used. Therefore the scope of the claim is indefinite. See MPEP 2173.05(p).
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 and 12-24 are rejected under 35 U.S.C. 103 as being unpatentable over Botman (US Patent No. 20170273500) in view of Larson (US Patent No. 20130209639).
Regrading Claim 1, Botman teaches a dispensing assembly for dispensing a flowable food product (Abstract, an assembly for preparing and dispensing a liquid product), comprising:(a) a bag-in-box type container for holding a product concentrate (Figure 2A and Paragraph 45, The disposable assembly 1 comprises a holder 2 is designed to contain a milk based concentrate 3), the container having a concentrate outlet for releasing product concentrate from the container (Figure 2A, a milk based concentrate tube 20 reads as the outlet);(b) a mixing unit spaced apart from the concentrate outlet (Figure 2A and 4A, Eductor 4 reads as mixing unit is spaced apart from concentrate tube 20 that reads as the outlet), the mixing unit being configured for mixing the product concentrate with a liquid (Paragraph 41 and Figure 4B, Eductor 4 mixes the concentrate and water when connection is enabled), the mixing unit having a concentrate inlet for receiving product concentrate released from the container (Figure 4B, Eductor 4 has a concentrate inlet 7 that receives product from Holder 2), a liquid inlet for receiving the liquid (Paragraph 52, Water inlet tube 21 with water inlet 6 is configured for connection to an external source of water), and a spout for dispensing as a flowable food product the product concentrate mixed with the liquid (Paragraph 54, A liquid product outlet tube 25), wherein the mixing unit is configured for mixing the product concentrate with the liquid first for obtaining a liquid food product (Paragraph 41 and Figure 4B, Eductor 4 mixes the concentrate and water when connection is enabled to obtain a liquid food product), and for mixing the resulting food product with a gas for providing a foamed food product (Paragraph 54, Liquid product outlet tube 25 of the assembly connects to an outlet opening of the microfiltration device 19), wherein the mixing unit comprises a respective gas inlet for receiving the gas (Paragraph 54, An air inlet tube 23 of the assembly is arranged for connecting the microfiltration device 19 to an external source of air), wherein the mixing unit comprises one or more microfiltration devices for mixing the gas with the liquid food product (Paragraph 54, An air inlet tube 23 of the assembly is arranged for connecting the microfiltration device 19 to an external source of air).
Botman fails to teach a duct arranged for guiding a flow of product concentrate along a flow path from the concentrate outlet of the container to the concentrate inlet of the mixing unit, wherein at least a section of the duct is flexible
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where a duct is arranged for guiding a flow of product concentrate along a flow path from the concentrate outlet of the container to the concentrate inlet of the mixing unit (Paragraph 25 and figure 1, Conduit 3, acting as a duct, connects from Container 1 to the mixing bowl 7), wherein at least a section of the duct is flexible (Paragraph 19, Conduit 3 is a flexible tube).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a flexible duct as stated in Larson. The duct is removable which helps with replacing the milk when the container is empty (Paragraph 19, Duct).
Regrading Claim 12, Botman fails to teach that the duct is provided with a pumping element and/or a pump for pumping product concentrate through the duct from the container to the mixing unit, wherein optionally the pumping element and/or pump comprises a peristaltic pump which is configured to actuate a flexible wall of the duct from outside the duct for urging product concentrate along the flow path inside the duct.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where the duct is provided with a pumping element and/or a pump for pumping product concentrate through the duct from the container to the mixing unit (Figure 1 and Paragraph 19-21, Pump 4 moves milk from Container 1 to the Mixer bowl 7), wherein optionally the pumping element and/or pump comprises a peristaltic pump which is configured to actuate a flexible wall of the duct from outside the duct for urging product concentrate along the flow path inside the duct (Paragraph 41 and Figure 3-6, The Pump 4 actuates the wall of conduit 3 and outlet tube 30 from outside the duct to urging product concentrate along the flow path).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a pump as stated in Larson. The use of a peristaltic pump entails the advantage that the components of the pump do not get into direct contact with the milk (Paragraph 20, Peristaltic Pump).
Regrading Claim 13, Botman in view of Larson teaches that the mixing unit comprises at least two microfiltration devices for mixing the gas with the liquid (Botman: Figure 1, Microfiltration device 19).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate least two microfiltration devices. Regarding two microfiltration devices, the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of at least two microfiltration devices, since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular shape (MPEP 2144.04-VI-B).
Regrading Claim 14, Botman in view of Larson teaches that the mixing unit comprises a valve member for regulating a flow of product concentrate through the concentrate inlet (Botman: Figure 4A-C, In the disabling position the injector valve 13 engages with wall part 9A forming a seal therewith, disabling fluid communication of the milk based concentrate inlet 7 of the Eductor 4 with the liquid product outlet 8 of the Eductor and can open communication as well), wherein the valve member is optionally configured to be controlled by a dispensing machine which is configured to supply the liquid to the liquid inlet of the mixing unit (Botman: Paragraph 58-59, injector valve actuator 56 works with injector valve 13 to control water supply to the Eductor 4 and is controlled by operating device 53), wherein optionally the valve member is configured to connect to a liquid injector of the dispensing machine (Botman: Paragraph 59 and Figure 4A-C, injector valve actuator 56 works with injector valve 13).
Regrading Claim 15, Botman fails to teach that a flow path length of the duct is in the range of 1 cm to 100 cm, wherein optionally an internal flow path width of the duct is in the range of 2 mm to 30 mm.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where a flow path length of the duct is in the range of 1 cm to 100 cm (Paragraph 19 and Figure 1, Conduit 3 is longer than 40 cm because it passes through the pump and heater where the distance from the Pump 4 to the Heater 5 is less than 40 cm), wherein optionally an internal flow path width of the duct is in the range of 2 mm to 30 mm (Paragraph 19, The conduit 3 with an internal diameter of 4 mm-8 mm).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate the length and width of the duct as stated in Larson. Furthermore, While Larson may not expressly teach that the length and width of the duct is about 1 cm to 100 cm and 2 mm to 30 mm respectively of the instant claim. Larson teaches a length that falls close to the instant claim. The Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. (In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality the length and width of the duct is about 1 cm to 100 cm and 2 mm to 30 mm respectively since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to this particular arrangement. (MPEP § 2144.04-IV-A.)
Regrading Claim 16, Botman fails to teach that the duct, at least a flexible section thereof, is made from a polymeric material, in particular a flexible and/or resilient polymeric material.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where the duct, at least a flexible section thereof, is made from a polymeric material, in particular a flexible and/or resilient polymeric material (Paragraph 19, The conduit 3 is made up of Silicone and is flexible).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a flexible duct as stated in Larson. The duct is removable which helps with replacing the milk when the container is empty (Paragraph 19, Duct).
Regrading Claim 17, Botman in view of Larson teaches that the product concentrate is a dairy concentrate (Botman: Paragraph 4, Concentrated Milk).
Regrading Claim 18, Botman teaches a system for dispensing a flowable food product, the system comprising a dispensing assembly and a dispensing machine configured to cooperate with the dispensing assembly for dispensing the flowable food product (Abstract, an assembly for preparing and dispensing a liquid product), wherein the dispensing machine comprises a coffee dispensing machine (Abstract, an assembly for preparing a liquid product), wherein the flowable food product is a foamed milk product (Paragraph 36-39, Foamed Milk product), the dispensing assembly comprising: (a) a bag-in-box type container for holding a product concentrate (Figure 2A and Paragraph 45, The disposable assembly 1 comprises a holder 2 is designed to contain a milk based concentrate 3. Figure 2A, a milk based concentrate tube 20 reads as the outlet), the container having a concentrate outlet for releasing product concentrate from the container (Figure 2A, a milk based concentrate tube 20 reads as the outlet); (b) a mixing unit spaced apart from the concentrate outlet (Figure 2A and 4A, Eductor 4 reads as mixing unit is spaced apart from concentrate tube 20 that reads as the outlet), the mixing unit being configured for mixing the product concentrate with a liquid (Paragraph 41 and Figure 4B, Eductor 4 mixes the concentrate and water when connection is enabled), the mixing unit having a concentrate inlet for receiving product concentrate released from the container (Figure 4B, Eductor 4 has a concentrate inlet 7 that receives product from Holder 2), a liquid inlet for receiving the liquid (Paragraph 52, Water inlet tube 21 with water inlet 6 is configured for connection to an external source of water), and a spout for dispensing as a flowable food product the product concentrate mixed with the liquid (Paragraph 54, A liquid product outlet tube 25), wherein the mixing unit comprises a valve member for regulating a flow of product concentrate through the concentrate inlet (Figure 4A-C, In the disabling position the injector valve 13 engages with wall part 9A forming a seal therewith, disabling fluid communication of the milk based concentrate inlet 7 of the Eductor 4 with the liquid product outlet 8 of the Eductor and can open communication as well), wherein the valve member is configured to be controlled by the dispensing machine (Paragraph 58-59, injector valve actuator 56 and with injector valve 13 are controlled by operating device 53), wherein the valve member is configured to connect to a liquid injector of the dispensing machine (Paragraph 59 and Figure 4A-C, injector valve actuator 56 works with injector valve 13), the dispensing machine having a liquid injector that is configured to control the valve member of the dispensing assembly and to supply the liquid to the liquid inlet of the mixing unit (Paragraph 59, injector valve actuator 56 works with injector valve 13 to control water supply to the Eductor 4).
Botman fails to teach a duct arranged for guiding a flow of product concentrate along a flow path from the concentrate outlet of the container to the concentrate inlet of the mixing unit, wherein at least a section of the duct is flexible
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where a duct is arranged for guiding a flow of product concentrate along a flow path from the concentrate outlet of the container to the concentrate inlet of the mixing unit (Paragraph 25 and figure 1, Conduit 3, acting as a duct, connects from Container 1 to the mixing bowl 7), wherein at least a section of the duct is flexible (Paragraph 19, Conduit 3 is a flexible tube).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a flexible duct as stated in Larson. The duct is removable which helps with replacing the milk when the container is empty (Paragraph 19, Duct).
Regrading Claim 19, Botman in view of Larson teaches that the mixing unit of the dispensing assembly being configured for mixing the product concentrate with the liquid first for obtaining a food product (Botman: Paragraph 41 and Figure 4B, Eductor 4 mixes the concentrate and water when connection is enabled to obtain a liquid food product), and for mixing the resulting food product with a gas for providing a foamed food product (Botman: Paragraph 54, Liquid product outlet tube 25 of the assembly connects to an outlet opening of the microfiltration device 19), wherein the mixing unit comprises a respective gas inlet for receiving the gas (Botman: Paragraph 54, An air inlet tube 23 of the assembly is arranged for connecting the microfiltration device 19 to an external source of air), wherein the mixing unit comprises one or more microfiltration devices for mixing a gas with a liquid (Botman: Paragraph 54, An air inlet tube 23 of the assembly is arranged for connecting the microfiltration device 19 to an external source of air).
Regrading Claim 20, Botman fails to teach that the coffee dispensing machine has a housing, wherein the BIB container is located outside the housing of the coffee dispensing machine.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where the coffee dispensing machine has a housing, wherein the BIB container is located outside the housing of the coffee dispensing machine (Paragraph 41 and Figure 1, The milk container 1 is bag-in-box container where the milk is contained in a flexible bag inside a paperboard box and is separate from the rest of the apparatus).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a BIB container that is located outside the apparatus as stated in Larson. The BIB located outside the apparatus helps with replacing the milk when the container is empty (Paragraph 19, BIB).
Regrading Claim 21, Botman fails to teach a kit of parts for assembling therefrom a dispensing assembly according to claim 1, the kit comprising the bag-in-box type container, the mixing unit and the duct, wherein optionally the container is separate from the mixing unit and/or from the duct.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where kit of parts for assembling therefrom a dispensing assembly according to claim 1, the kit comprising the bag-in-box type container, the mixing unit and the duct (Paragraph 18, The milk container 1 may be a bag-in-box container, Conduit 3 is a flexible tube, and Mixing Bowl 7), wherein optionally the container is separate from the mixing unit and/or from the duct (Paragraph 19, Conduit 3 can be detached from Container 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a flexible duct as stated in Larson. The duct is removable which helps with replacing the milk when the container is empty (Paragraph 19, Duct).
Regrading Claim 22, Botman fails to teach a mixing, in the mixing unit, a flow of concentrate, which flow is guided from the bag-in-box type container through the duct to the mixing unit, with a liquid received at the liquid inlet, optionally received from the dispensing machine of the system; and (c) dispensing from the mixing unit, as a flowable food product the product concentrate mixed with the liquid, wherein optionally the flowable food product is dispensed as a foamed food product.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) where a mixing, in the mixing unit, a flow of concentrate (Figure 1, Mixer bowl 7 receives milk concentrate from conduit 3), which flow is guided from the bag-in-box type container through the duct to the mixing unit (Figure 1, Mixer bowl 7 receives milk concentrate from conduit and from bag-in-box container 1), with a liquid received at the liquid inlet, optionally received from the dispensing machine of the system (Figure 1, Mixer bowl 7 receives milk concentrate from conduit 3 through an inlet); and (c) dispensing from the mixing unit, as a flowable food product the product concentrate mixed with the liquid, wherein optionally the flowable food product is dispensed as a foamed food product (Paragraph 21, 25 and Figure 1, Hot liquid from Hot water Tank 12 mixes with the milk and flows out of Outlet 6 and it may be a foamed product).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a flexible duct as stated in Larson. The duct is removable which helps with replacing the milk when the container is empty (Paragraph 19, Duct).
Regrading Claim 23, Botman fails to teach sterilizing one or more interior spaces of the dispensing assembly and subsequently changing the dispensing assembly from the sealed state to the flow enabling state.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) that sterilizes one or more interior spaces of the dispensing assembly (Paragraph 33, Hot cleaning liquid is passed through the apparatus to clean it) and subsequently changing the dispensing assembly from the sealed state to the flow enabling state (Figure 1, Valve 20 is able to change the apparatus from a sealed state to a flow state).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate cleaning the apparatus as stated in Larson. The cleaning method allows for cleaning several components like the conduit, pump, mixer bowl, and the heater (Paragraph 33 and 42, Clean).
Regrading Claim 24, Botman fails to teach pumping product concentrate from the bag-in-box type container through the duct to the mixing unit.
Larson teaches a producing and dispensing foamed milk apparatus (Abstract, Producing and Dispensing foamed Milk Apparatus) that pumps product concentrate from the bag-in-box type container through the duct to the mixing unit (Figure 1 and Paragraph 19-21, Pump 4 moves milk from Container 1 to the Mixer bowl 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman to incorporate a pump as stated in Larson. The use of a peristaltic pump entails the advantage that the components of the pump do not get into direct contact with the milk (Paragraph 20, Peristaltic Pump).
Claims 2-5, 7, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Botman (US Patent No. 20170273500) in view of Larson (US Patent No. 20130209639) and further in view of Mochida (US Patent No. 20170325624).
Regarding claim 2, Botman in view of Larson fails to teach that prior to initial use, the dispensing assembly is changeable from a sealed state to a flow enabling state, wherein in the sealed state an interior space of the dispensing assembly is sealed off from an environment thereof, the interior space extending at least in the container and being configured for holding product concentrate, wherein in the flow enabling state the duct provides the flow path for the flow of product concentrate.
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where prior to initial use, the dispensing assembly is changeable from a sealed state to a flow enabling state (Paragraph 109 and Figure 2, The state of the BIB 21 can be changed from is sealed to flow state when the Socket 27 of check-valve configuration unit 30 is engaged with plug 24), wherein in the sealed state an interior space of the dispensing assembly is sealed off from an environment thereof (Paragraph 109 and Figure 2, When the Socket 27 of check-valve configuration unit 30 is disengaged from plug 24 than the state of the BIB 21 is sealed), the interior space extending at least in the container and being configured for holding product concentrate (Paragraph 42 and Figure 2, The BIB 21 is configured to house a bag-like container, in which an undiluted solution of a milk beverage), wherein in the flow enabling state the duct provides the flow path for the flow of product concentrate (Paragraph 42, 109 and Figure 2, The BIB 21 and the Plug 24 allows for milk to flow through).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate a sealed and non-sealed state as stated in Mochida. The structure of the plug stops any contaminations by ensuring that no one touches the tip of the tube that connects to the BIB (Paragraph 109, Plug).
Regarding claim 3, Botman in view of Larson fails to teach an activation assembly configured for actuating a sealing element of the dispensing assembly, such that the dispensing assembly is thereby changed from the sealed state to the flow enabling state.
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where an activation assembly configured for actuating a sealing element of the dispensing assembly (Paragraph 109 and Figure 5 and 13, The Socket 27 of check-valve configuration unit 30, reads as activation assembly, is engaged with plug 24, reads as a sealing element), such that the dispensing assembly is thereby changed from the sealed state to the flow enabling state (Paragraph 109 and Figure 2, The state of the BIB 21 can be changed from is sealed to flow state when the Socket 27 of check-valve configuration unit 30 is engaged with plug 24).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate a sealed and non-sealed state as stated in Mochida. The structure of the plug stops any contaminations by ensuring that no one touches the tip of the tube that connects to the BIB (Paragraph 109, Plug).
Regarding claim 4, Botman in view of Larson fails to teach that the sealing element and/or the activation assembly is arranged at the concentrate outlet of the bag-in-box type container, optionally at a connection between the outlet and the duct.
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where the sealing element and/or the activation assembly is arranged at the concentrate outlet of the bag-in-box type container, optionally at a connection between the outlet and the duct (Figure 2, Both the Plug 24 and the he Socket 27 of check-valve configuration unit 30 are located between the outlet of BIB 21 and the feed pipe 26).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate the sealing element and/or the activation assembly as stated in Mochida. The courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of this particular arrangement, since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. (MPEP § 2144.04-VI-C.).
Regarding claim 5, Botman in view of Larson fails to teach that the activation assembly is configured to mechanically connect the duct and the container to each other and/or to provide part of the flow path, at least when the dispensing assembly is in the flow enabling state.
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where the activation assembly is configured to mechanically connect the duct and the container to each other and/or to provide part of the flow path, at least when the dispensing assembly is in the flow enabling state (Figure 2, Both the Plug 24 and the he Socket 27 of check-valve configuration unit 30 provide connection and a flow path between the BIB 21 and the feed pipe 26).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate an activation assembly as stated in Mochida. The structure of the plug stops any contaminations by ensuring that no one touches the tip of the tube that connects to the BIB (Paragraph 109, Plug).
Regarding claim 7, Botman in view of Larson fails to teach that the sealing element comprises a plug and/or a cap, which is optionally moveable by the activation assembly with respect to a respective receiving structure from a sealing position to an opened position.
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where the sealing element comprises a plug and/or a cap (Paragraph 109 and Figure 5 and 13, The plug 24, reads as a sealing element), which is optionally moveable by the activation assembly with respect to a respective receiving structure from a sealing position to an opened position (Paragraph 109 and Figure 5 and 13, The Socket 27 of check-valve configuration unit 30, reads as activation assembly, is engaged with plug 24 which is moved into an open position).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate an activation assembly as stated in Mochida. The structure of the plug stops any contaminations by ensuring that no one touches the tip of the tube that connects to the BIB (Paragraph 109, Plug).
Regarding claim 9, Botman in view of Larson fails to teach that the dispensing assembly is manually changeable from the sealed state to the flow enabling state.
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where the dispensing assembly is manually changeable from the sealed state to the flow enabling state (Paragraph 109 and Figure 5 and 13, The Socket 27 of check-valve configuration unit 30, reads as activation assembly, is engaged with plug 24 which can be inserted manually).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate an activation assembly as stated in Mochida. The structure of the plug stops any contaminations by ensuring that no one touches the tip of the tube that connects to the BIB (Paragraph 109, Plug).
Regarding claim 11, Botman in view of Larson fails to teach that that in the flow enabling state the flow path is substantially sealed off from an environment of the dispensing assembly, at least when no product is dispensed from the assembly
Mochida teaches a milk beverage dispensing machine (Figure 2, Beverage Machine) where in the flow enabling state the flow path is substantially sealed off from an environment of the dispensing assembly, at least when no product is dispensed from the assembly (Paragraph 109 and Figure 13, When flow is enabled the flow path is sealed off from environment to maintain hygienic state).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate an activation assembly and sealing element as stated in Mochida. The structure of the plug stops any contaminations by ensuring that no one touches the tip of the tube that connects to the BIB and maintains hygienic state (Paragraph 109, Hygienic State).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Botman (US Patent No. 20170273500) in view of Larson (US Patent No. 20130209639) and further in view of Mochida (US Patent No. 20170325624), and Tansey (US Patent No. 20130062366).
Regarding claim 6, Botman in view of Larson and Mochida fails to teach that the sealing element comprises a foil, which is breakable by the activation assembly, the activation assembly optionally comprising a piercing and/or cutting member for breaking the foil.
Tansey teaches a device for dispensing individual servings of a cold beverage (Abstract, Dispensing Beverage) where the sealing element comprises a foil (Figure 9A-D and Paragraph 156, The sealing member 35 is preferably a foil), which is breakable by the activation assembly (Paragraph 156, The sealing member 35 is pierced by a Plunger 40), the activation assembly optionally comprising a piercing and/or cutting member for breaking the foil (Paragraph 156, The sealing member 35 is pierced by a Plunger 40).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson, and Mochida to incorporate an activation assembly and sealing element as stated in Tansey. The design reduces the chance that the liquid may be touched by human hand or contaminated, therefore raising the hygienic standard of the beverage dispensing device (Paragraph 156, Hygienic State).
Regarding claim 8, Botman in view of Larson and Mochida fails to teach that the dispensing assembly comprises a further sealing element, wherein the activation assembly is configured for actuating the further sealing element while actuating the sealing element such that the dispensing assembly is thereby changed from the sealed state to the flow enabling state.
Tansey teaches a device for dispensing individual servings of a cold beverage (Abstract, Dispensing Beverage) where the dispensing assembly comprises a further sealing element (Figure 9A-D and Paragraph 137 and 157, The pressure rupturable diaphragm 48 is preferably a foil), wherein the activation assembly is configured for actuating the further sealing element while actuating the sealing element such that the dispensing assembly is thereby changed from the sealed state to the flow enabling state (Figure 9A-D and Paragraph 157-158, The Plunger 40 breaks both the sealing member 35 and the pressure rupturable diaphragm 48 to allow the liquid to flow through).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson, and Mochida to incorporate an activation assembly and sealing element as stated in Tansey. The design reduces the chance that the liquid may be touched by human hand or contaminated, therefore raising the hygienic standard of the beverage dispensing device (Paragraph 156, Hygienic State).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Botman (US Patent No. 20170273500) in view of Larson (US Patent No. 20130209639) and further in view of Takahashi (JP Patent No. H0912048).
Regarding claim 10, Botman in view of Larson fails to teach that prior to the dispensing at least the duct is provided with a removable packaging which seals off an interior of the duct from an environment thereof.
Takahashi teaches a bag in box dispensing apparatus (Abstract, Bag in a Box) where prior to the dispensing at least the duct is provided with a removable packaging which seals off an interior of the duct from an environment thereof (Paragraph 19 and Figure 5, Tube 7, reads as duct, is enclosed in an outer bag 13 and opened when it’s time to be used).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Botman in view of Larson to incorporate a removable packaging as stated in Takahashi. The outer bag helps with the sterilization process of the tube before usages (Paragraph 19, Outer Bag).
Conclusion
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/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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