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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Alpman et al. (US 2021/0139309) in view of Lee (US 3935735) and Lih et al. (US 9404891).
Claim 1, Alpman discloses at least one gateway that includes a processor (445; [0080]), and
network interface connected to dispensers (FIG 7), and
sensor assemblies (FIG 7; 445; [0050]; [0096]); and
a sensor assembly including at least one flow sensor (485; [0087], [0098]), the at least one flow sensor includes a processor (445), and a temperature sensor ([0098]);
wherein data from the sensor assembly are configured to run diagnostics to diagnose a potential problem with the line ([0053], [0112]), provide insights into operation of the beverage system or provide consolidated information for correlation with point-of-sale data ([0062], [0133]).
But is silent on the at least one flow sensor applies ultrasound to monitor flow, an ultrasonic front-end processor, two ultrasonic transducers, and a temperature sensor; the two ultrasonic transducers also provide signal quality metrics such that when signal strength decreases, such a decrease in signal strength is used to determine an amount of air or other gases in the beverage distribution lines.
Lee teaches the at least one flow sensor applies ultrasound to monitor flow (FIG 1), an ultrasonic front-end processor (12, 24, 29), two ultrasonic transducers (8, 9); the two ultrasonic transducers also provide signal quality metrics such that when signal strength decreases, such a decrease in signal strength is used to determine an amount of air or other gases in the beverage distribution lines (Using signal analysis of ultrasonic transducers to measure the amount of gas and liquid in a line is well known in the art as evidenced by Lih, see abstract, Col 1, line 65 to col 3, line 26 and would be obvious to one of ordinary skill in the art who is using ultrasonic sensors to measure fluid properties to determine the state of the lines and prevent maintenance issues).
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 Alpman with ultrasonic flow sensor as taught by Lee in order to detect fluid flow in a non-invasive fashion with high accuracy and low cost.
Claim 2, Alpman discloses the beverage monitoring system performs one or more actions based on consolidated information or other information to modify flow of fluid within the beverage system ([0117] to [0118]).
Claim 3, Alpman discloses wherein the sensor assembly further includes at least one environmental sensor, at least one pressure sensor, and at least one color sensor ([0098]).
Claim 6, the modified apparatus of Alpman teaches wherein the ultrasonic front-end processor causes an ultrasonic signal to be sent through fluid (Lee: FIG 1; 12-19), which travels through a channel, at a known nominal speed along a signal path of known length in one direction, from one ultrasonic transducer (Lee: 8) to the other ultrasonic transducer (Lee: 9), and then to be sent back again in the opposite direction, wherein a difference between signal travel time in each direction may be directly correlated to fluid flow speed because a measured speed of that signal is increased or decreased from its nominal speed by that flow speed, as that signal travels with or against the flow, respectively (FIG 1).
Claim 7, Alpman discloses wherein the at least one flow sensor ([0098]) provides flow data.
Claim 8, Alpman discloses wherein the at least one environmental sensor measures and monitors cooler barometric pressure, humidity ([0051]), ambient temperature, or ambient gas concentrations within the cooler.
Claim 9, Alpman discloses wherein the at least one color sensor ([0087]) is a photometer and/or spectrophotometer.
Claim 10, Alpman discloses wherein the at least one color sensor is integrated into a flow sensor ([0087], [0081]).
Claim 11, Alpman discloses wherein the at least one color sensor allows for determination of a specific beverage traveling through the beverage distribution lines ([0123]).
Claim 12, Alpman discloses wherein the gateway (445) receives data from a sensor network and processes that data to determine that a pour has started and when a tap should close to end the pour (FIG 7; [0050], [0117] to [0118]).
Claim 13, Alpman discloses wherein the sensor assembly further includes at least one flow sensor, environmental sensor, at least one pressure sensor, and at least one color sensor ([0098]).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Alpman and Lee as applied to claim 1 above, and further in view of Jones (US 20170337496 A1).
Claim 17, Alpman substantially discloses the apparatus as claimed above but is silent on wherein the beverage monitoring system includes a tracking device secured to each keg shell.
Jones teaches a tracking device secured to each keg shell (16; FIG 1; [0078]).
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 Alpman with tracking device as taught by Jones in order to provide a means of keep track of kegs to allow for a reliable keg maintenance schedule and cleaning.
Claim(s) 30-35 are rejected under 35 U.S.C. 103 as being unpatentable over Alpman and Lee as applied to claim 1 above, and further in view of Haskayne (US 7373784 B2).
Claim 30, Alpman discloses wherein the beverage monitoring system includes a cooler control and monitoring assembly.
But is silent on a glycol cooling control and monitoring assembly.
Haskayne teaches a glycol cooling control and monitoring assembly (30; Col 3 lines 48-56).
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 Alpman with glycol cooling system as taught by Haskayne in order to effectively dispense beer at multiple temperatures.
Claim 31, Alpman discloses wherein the at least one flow sensor includes a pressure sensor ([0098]).
Claim 32, Alpman discloses wherein the at least one flow sensor includes at least one color sensor ([0087]).
Claim 33, Alpman discloses wherein the at least one color sensor ([0087]) is a photometer and/or spectrophotometer.
Claim 34, The modified apparatus of Alpman teaches wherein the signal quality metrics are applied in a rule-based evaluation system that runs each time a collection of samples or a single sample is received (The method of using ultrasonic transducers to determine fluid properties takes measurements continuously, see Lih col 12, lines 20 to 42).
Claim 35, the modified apparatus of Alpman teaches wherein each time a pour is initiated: (1) a type and identification of is sent into a queue for asynchronous processing; (2) a message queued in Step 1 is received and information is retrieved for processing; (3) data from Step 2 is evaluated based on a saved rule; and (4) an outcome from Step 3, either true or false, is used to initiate actions based on the saved rule (the modified apparatus of Alpman has the same structure as what is claimed, as shown above, and therefore is inherently capable of carrying out the same claimed function).
Response to Arguments
The applicant’s arguments relating to the newly amended claims and the new claims are addressed in the new grounds of rejection above.
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.
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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.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754