DETAILED ACTION
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) 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rueter (US 10688450) in view of Raber (US 8210736).
Claim 15, Rueter discloses a liquid container (46) configured to contain a liquid;
a gas container (66) configured to contain a gas;
a flavoring container (56) configured to contain a flavoring;
a beverage container (96) selectively in fluid communication with the liquid container, the gas container, and the flavoring container that is configured to receive the liquid, gas, and flavoring respectively from the liquid container, gas container, and flavoring container;
a first valve (54, 100) interposed between the liquid container and the beverage container that is configured to selectively control flow of the liquid from the liquid container to the beverage container;
a second valve (114) interposed between the gas container and the beverage container that is configured to selectively control flow of the gas from the gas container to the beverage container;
a third valve (98) interposed between the flavoring container and the beverage container that is configured to selectively control flow of the flavoring from the flavoring container to the beverage container;
an outlet (124, 128) configured to selectively dispense the beverage; and
a controller (Col 5, lines 30 to 39; Col 6, 42 to 48; Col 8, line 36 to 49) operatively connected to the first, second, and third valves,
But is silent on wherein the beverage container comprises a transparent material that allows a user to observe mixing of the liquid, gas, and flavoring in the beverage container;
the controller comprising a computer having a non-transitory computer readable medium comprising instructions that are executed by the computer in response to the user input to cause the computer to open and close the first, second, and third valves to automatically mix the beverage in the beverage container.
Raber teaches wherein the beverage container comprises a transparent material (10B) that allows a user to observe mixing of the liquid, gas, and flavoring in the beverage container;
the controller (26) comprising a computer having a non-transitory computer readable medium comprising instructions that are executed by the computer in response to the user input to cause the computer to open and close the first, second, and third valves to automatically mix the beverage in the beverage container (Col 4, lines 59 to Col 5, lines 41).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Rueter with transparent material as taught by Raber in order to provide a visualization window and controller to permit real time viewing and to facilitate cleaning and dispensing procedures.
Claim 16, the modified apparatus of Reuter teaches wherein the instructions that are executed by the computer in response to the user input to cause the computer to open and close the first, second, and third valves to automatically mix the beverage in the beverage container cause the computer to open the first valve for a first period of time to cause the liquid to flow from the fluid liquid container to the beverage container and close the first valve after expiration of the first period of time (Raber: Col 4, lines 59 to Col 5, lines 41).
Claim 17, the modified apparatus of Reuter teaches wherein the instructions that are executed by the computer in response to the user input to cause the computer to open and close the first, second, and third valves to automatically mix the beverage in the beverage container cause the computer to open the second valve, after expiration of the first period of time, for a second period of time to cause the gas to flow from the gas container to the beverage container and mix with the liquid in the beverage container and close the second valve after expiration of the second period of time (Raber: Col 4, lines 59 to Col 5, lines 41).
Claim 18, the modified apparatus of Reuter discloses wherein the instructions that are executed by the computer in response to the user input to cause the computer to open and close the first, second, and third valves to automatically mix the beverage in the beverage container cause the computer to open the third valve, after expiration of the first period of time and during the second period of time, for a third period of time to cause the flavoring to flow from the flavoring container to the beverage container and mix with the liquid and the gas in the beverage container to form the beverage and close the third valve after expiration of the third period of time but before expiration of the second period of time (Raber: Col 4, lines 59 to Col 5, lines 41).
Claim 19, the modified apparatus of Reuter discloses wherein the computer comprises a button that provides an interface between the user and the computer and the user input comprises a push of the button (Raber: Col 4, lines 59 to Col 5, lines 41).
Claim 20, Rueter discloses wherein the outlet comprises a fourth valve (122 or 124, 128 may also have valves, see Col 6, lines 14 to 20) operatively connected to the controller (Col 5, lines 30 to 39; Col 6, 42 to 48; Col 8, line 36 to 49).
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rueter and Raber as applied to claim 20 above, and further in view of Shafir (US 11407630).
Claim 21, Rueter substantially discloses the apparatus as claimed above but is silent on wherein the controller opens the fourth valve after the liquid, gas, and flavoring are mixed into the beverage to dispense the beverage.
Shafir teaches wherein the controller (24) opens the fourth valve (42) after the liquid, gas, and flavoring are mixed into the beverage to dispense the beverage (Shafir: Col 5, lines 55-65).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Rueter with controller as taught by Shafir in order to control the amount of liquid being dispensed.
Allowable Subject Matter
Claims 22-25 allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) above have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 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, Paul Durand can be reached at (571) 272-4459. 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.
JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754
Prosecution Insights