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 .
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 20-39 is 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.
Regrading Claims 20 and 32, Applicants claims “ice melt factor” derived from a temperature sensor that sense the water temperature. It’s not recited on what the ice melt factor is and how its derived from the temperature of the water. Furthermore, the claims fails to recite on how the ice melt factor affects the amount of water used in creating the beverage. The relationship between the ice melt factor and the water and ice used is not recited and therefore the language of the claim is indefinite.
Claims 21-31, and 33-39 are rejected because they depend on the rejected independent Claims 20 and 32.
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 20, 22-29, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US Patent No. 2014015669) in view of Studor (US Patent No. 20120156337) and further in view of Busick (US Patent No. 6003318) and Dickson (US Patent No. 20040233781).
Regarding Claim 20, Green teaches an appliance for mixing and delivery of one or more beverages to a user (Abstract, A beverage making machine), comprising: flavoring system for retaining at least one flavoring unit (Figure 8, Ingredient storage section 112 with Beverage Ingredients 114A-B), the at least one flavoring unit for providing at least one flavoring to at least one beverage (Figure 8, Beverage Ingredients 114A-B); a water system for containing water (Figure 8 and Paragraph 47, A beverage diluent receptacle 102 with water), at least one of the cooling system or the ice for cooling the water (Figure 21 and Paragraph 90, A beverage diluent cooler 148A are arranged to cool the beverage diluent liquid 702); and a controller operably coupled to at least one of the cooling system or the water system (Paragraph 121 Computer Control 122 Controls water system to create the beverage),
Green fails to teach a cooling system for containing ice, the ice comprised of frozen water, at least one temperature sensor operably coupled with at least one of the cooling system or the water system, the at least one temperature sensor configured to generate temperature data associated with the water; the controller configured to receive the temperature data from the at least one temperature sensor and determine an ice melt factor associated with bringing the water to a desired temperature using the ice of the cooling system, the ice melt factor yielding a first amount of water available for a given beverage, the controller configured to account for the ice melt factor to determine an amount of the water needed to constitute the given beverage.
Studor teaches a beverage dispensing machine (Abstract, Beverage Dispensing machine) with a cooling system for containing ice, the ice comprised of frozen water (Paragraph 134, Apparatus creates and stores Ice that it uses for cooling).
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 Green to incorporate cooling system with frozen water as stated in Studor. Has two separate ice, one used for dispensing into drinks and other used for cooling which minimize the clean-in-place requirements (Paragraph 134, Ice).
Green in view of Studor fails to teach at least one temperature sensor operably coupled with at least one of the cooling system or the water system, the at least one temperature sensor configured to generate temperature data associated with the water.
Busick teaches a water dispenser (Abstract, Water Dispenser) with at least one temperature sensor operably coupled with at least one of the cooling system or the water system (Col 3 Line 18-22 and Figure 2, A temperature sensor mounted on or within the chiller probe 56 in Cool Reservoir 14), the at least one temperature sensor configured to generate temperature data associated with the water (Col 3 Line 18-22, The temperature sensor detects temperature fluctuations indicative of ice bank growth to signal the controller).
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 Green in view of Studor to incorporate a temperature sensor as stated in Busick. The sensor detects temperature fluctuations and sends data to the controller for appropriate regulation of the thermoelectric module (Col 3 Line 17-24, Sensor).
Green in view of Studor and Busick fails to teach the controller configured to receive the temperature data from the at least one temperature sensor and determine an ice melt factor associated with bringing the water to a desired temperature using the ice of the cooling system, the ice melt factor yielding a first amount of water available for a given beverage, the controller configured to account for the ice melt factor to determine an amount of the water needed to constitute the given beverage
Dickson teaches a Blending Station for beverages (Abstract, Blending Station for beverages) where the controller is configured to receive the temperature data from the at least one temperature sensor and determine an ice melt factor associated with bringing the water to a desired temperature using the ice of the cooling system (Paragraph 71, Apparatus 20 measures the temperature of the water and portions the ice to ensure the beverage is made at the right temperature.), the ice melt factor yielding a first amount of water available for a given beverage (Paragraph 71, Temperature data decides water portion), the controller configured to account for the ice melt factor to determine an amount of the water needed to constitute the given beverage (Paragraph 71, Apparatus uses temperature data to decide the portion of water and ice needed for the beverage).
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 Green in view of Studor and Busick to incorporate a temperature sensor to measure portions of water and ice as stated in Dickson. The apparatus ensures that the beverage is the right consistency and temperature when climate temperatures vary (Paragraph 71, Temperature Data).
Regrading Claim 22, Green in view of Busick and Dickson fails to teach an ice making system configured for at least one of generating the ice or cooling the water.
Studor teaches a beverage dispensing machine (Abstract, Beverage Dispensing machine) with an ice making system configured for at least one of generating the ice or cooling the water (Paragraph 134, Apparatus creates and stores Ice that it uses for cooling).
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 Green in view of Busick and Dickson to incorporate cooling system with frozen water as stated in Studor. Has two separate ice, one used for dispensing into drinks and other used for cooling which minimize the clean-in-place requirements (Paragraph 134, Ice).
Regarding Claim 23, Green in view of Studor, Busick and Dickson teaches a user interface by which a user is able to specify at least one of a desired flavor, a desired level of sweetness, a desired temperature, or a desired type of a sweetener (Green: Paragraph 65, Consumer can manually or using a wireless device, control what ingredients is used for making the beverage as well as if CO2 is used or not).
Regarding Claim 24, Green in view of Studor, Busick and Dickson teaches a mixing system for mixing one or more of the at least one beverage ingredient or component thereof, the at least one flavoring, or the water to produce the at least one beverage (Green: Figure 11, Mixer 150 mixes the Ingredient and the Beverage Diluent Liquid).
Regarding Claim 25, Green in view of Studor, Busick and Dickson teaches that the mixing system uses at least one additional sensor to sense at least one of a level, a flow, a pressure, or a temperature of one or more of the at least one of a beverage ingredient or component thereof, the at least one flavoring, or the water (Green: Paragraph 174 and Figure 11, Level Sensor in Dissolvers).
Regarding Claim 26, Green in view of Studor, Busick and Dickson teaches that the flavoring system comprises at least one of a pod, pouch, or a cartridge system (Green: Figure 8 and Paragraph 112, 200A-C are Beverage Cartridges with ingredients).
Regarding Claim 27, Green in view of Studor, Busick and Dickson teaches that the flavoring system is a volumetric syrup delivery system that is not dependent on viscosity (Green: Paragraph 68 and 89, The beverage ingredient 214 can include syrups, beverage making is done volumetrically).
Regrading Claim 28, Green in view of Busick and Dickson fails to teach that the appliance generates an ice bank to provide capacitive cooling capability for one or more of the at least one of a beverage ingredient or component thereof, the at least one flavoring, or the water for generating the at least one beverage.
Studor teaches a beverage dispensing machine (Abstract, Beverage Dispensing machine) that generates an ice bank to provide capacitive cooling capability for one or more of the at least one of a beverage ingredient or component thereof, the at least one flavoring, or the water for generating the at least one beverage (Paragraph 134, Apparatus creates Ice that surrounds ingredient container and acts as an ice bank).
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 Green in view of Busick and Dickson to incorporate an ice bank as stated in Studor. Has two separate ice, one used for dispensing into drinks and other used for cooling which minimize the clean-in-place requirements (Paragraph 134, Ice).
Regarding Claim 29, Green in view of Studor, Busick and Dickson teaches that the beverage ingredient or component thereof comprises at least one of a syrup or a component thereof (Green: Paragraph 68, The beverage ingredient 214 can include syrups).
Regrading Claim 31, Green in view of Busick and Dickson fails to teach that the cooling system is configured to subsequently add an amount of the ice as an ingredient to the at least one beverage.
Studor teaches a beverage dispensing machine (Abstract, Beverage Dispensing machine) that the cooling system is configured to subsequently add an amount of the ice as an ingredient to the at least one beverage. (Paragraph 134, Apparatus creates and stores Ice that it uses for cooling and used for adding ice to drinks).
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 Green in view of Busick and Dickson to incorporate a cooling system that adds ice to the beverage as stated in Studor. Has two separate ice, one used for dispensing into drinks and other used for cooling which minimize the clean-in-place requirements (Paragraph 134, Ice).
Claims 21 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US Patent No. 2014015669) in view of Studor (US Patent No. 20120156337) and further in view of Busick (US Patent No. 6003318), Dickson (US Patent No. 20040233781) and Crisp (US Patent No. 20130325173).
Regrading Claim 21, Green in view of Studor, Busick and Dickson teaches a gas handling system adapted to accept carbon dioxide (C02) cartridges (Green: Paragraph 52 and 112 and Figure 8, cartridge 200A-C can contain solid Gas which can CO2).
Green in view of Studor, Busick and Dickson fails to teach that the carbon dioxide (C02) cartridges are sized at or below 88 grams.
Crisp teaches an appliance with a drink dispenser (Abstract, Appliance with a drink dispenser) where the carbon dioxide (CO2) cartridges are sized at or below 88 grams (Paragraph 126, Apparatus has a seventy-eight-gram CO2 supply cartridge 416).
Crisp teaches the claimed invention except that the ranges do not match. 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 include the workable ranges, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the workable ranges involves only routine skill in the art and modifying the size of the CO2 cartridges would allow the appliance to work as intended. In re Aller, 105 USPQ 233. MPEP 2144.05-II.
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 that the size of the CO2 cartridges is 88 grams or below since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05
Claims 30 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US Patent No. 2014015669) in view of Studor (US Patent No. 20120156337) and further in view of Busick (US Patent No. 6003318), Dickson (US Patent No. 20040233781) and Rukavina (US Patent No. 20130043337).
Regrading Claim 30, Green in view of Studor, Busick and Dickson fails to teach that the ice is produced externally from the appliance and added by a user.
Rukavina teaches a Drink Maker (Abstract, Drink Maker) where the ice is produced externally from the appliance and added by a user (Figure 6B, Ice bin 44 where ice can be added to the apparatus from an external source).
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 Green in view of Studor, Busick and Dickson to incorporate external ice added to the beverage as stated in Rukavina. The Ice Bin measures the weight of the ice and how mush dispensed and if a refill is needed (Paragraph 91-92, Ice).
Claims 32-36, and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US Patent No. 2014015669) in view of Studor (US Patent No. 20120156337) and further in view of Busick (US Patent No. 6003318), Irvin (US Patent No. 20120285986), and Dickson (US Patent No. 20040233781).
Regarding Claim 32, Green teaches an appliance for mixing and delivery of one or more beverages to a user, comprising (Abstract, A beverage making machine): a flavoring system for retaining at least one flavoring unit (Figure 8, Ingredient storage section 112 with Beverage Ingredients 114A-B), the flavoring unit for providing at least one flavoring for at least one beverage (Figure 8, Beverage Ingredients 114A-B); a water system for containing water (Figure 8 and Paragraph 47, A beverage diluent receptacle 102 with water); at least one of cooling system or the ice for cooling the water (Figure 21 and Paragraph 90, A beverage diluent cooler 148A are arranged to cool the beverage diluent liquid 702);
Green fails to teach a cooling system for containing ice, the ice comprising frozen water, at least one temperature sensor communicatively coupled with at least one of the cooling system or the water system, the at least one temperature sensor configured to generate temperature data associated with the water; and a communications facility for connecting the appliance to a remote host system, the communications facility configured to deliver sensed temperature data to the remote host, wherein the remote host is configured to receive the sensed temperature data and determine an ice melt factor associated with bringing at the water to a desired temperature using the ice of the cooling system, the ice melt factor yielding a first amount of water available for a given beverage, the controller configured to account for the ice melt factor to determine an amount of the water needed to constitute the given beverage.
Studor teaches a beverage dispensing machine (Abstract, Beverage Dispensing machine) with a cooling system for containing ice, the ice comprised of frozen water (Paragraph 134, Apparatus creates and stores Ice that it uses for cooling).
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 Green to incorporate cooling system with frozen water as stated in Studor. Has two separate ice, one used for dispensing into drinks and other used for cooling which minimize the clean-in-place requirements (Paragraph 134, Ice).
Green in view of Studor fails to teach at least one temperature sensor operably coupled with at least one of the cooling system or the water system, the at least one temperature sensor configured to generate temperature data associated with the water.
Busick teaches a water dispenser (Abstract, Water Dispenser) with at least one temperature sensor operably coupled with at least one of the cooling system or the water system (Col 3 Line 18-22 and Figure 2, A temperature sensor mounted on or within the chiller probe 56 in Cool Reservoir 14), the at least one temperature sensor configured to generate temperature data associated with the water (Col 3 Line 18-22, The temperature sensor detects temperature fluctuations indicative of ice bank growth to signal the controller).
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 Green in view of Studor to incorporate a temperature sensor as stated in Busick. The sensor detects temperature fluctuations and sends data to the controller for appropriate regulation of the thermoelectric module (Col 3 Line 17-24, Sensor).
Green in view of Studor and Busick fails to teach a networked appliance with a communications facility for connecting the appliance to a remote host system, the communications facility configured to deliver sensed temperature data to the remote host, wherein the remote host is configured to receive the sensed temperature data
Irvin teaches a system for preparing beverages (Abstract, System for preparing beverages) with a networked appliance (Figure 6, Showcases a Data Server 130 connected to the Beverage Machine 140) with a communications facility for connecting the appliance to a remote host system (Figure 6, Showcases a Data Server 130 connected to the Beverage Machine 140 and Computers 170 and 180), the communications facility configured to deliver sensed temperature data to the remote host (Paragraph 89 and Figure 6, Data Server 130 collects data on temperature from sensors and transmits them to Computers 180 and 170), wherein the remote host is configured to receive the sensed temperature data (Paragraph 89, Data Server 130 collects data on temperature from sensors and sends them to computers 170 and 180).
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 Green in view of Studor and Busick to incorporate a communications facility and a remote host as stated in Irvin. The remote host allows the user to control the operation of several beverage machines and customize each machine to be different (Paragraph 89, Remote Control).
Green in view of Studor, Busick and Irvin fails to teach the controller configured to receive the temperature data from the at least one temperature sensor and determine an ice melt factor associated with bringing the water to a desired temperature using the ice of the cooling system, the ice melt factor yielding a first amount of water available for a given beverage, the controller configured to account for the ice melt factor to determine an amount of the water needed to constitute the given beverage.
Dickson teaches a Blending Station for beverages (Abstract, Blending Station for beverages) where the controller is configured to receive the temperature data from the at least one temperature sensor and determine an ice melt factor associated with bringing the water to a desired temperature using the ice of the cooling system (Paragraph 71, Apparatus 20 measures the temperature of the water and portions the ice to ensure the beverage is made at the right temperature.), the ice melt factor yielding a first amount of water available for a given beverage (Paragraph 71, Temperature data decides water portion), the controller configured to account for the ice melt factor to determine an amount of the water needed to constitute the given beverage (Paragraph 71, Apparatus uses temperature data to decide the portion of water and ice needed for the beverage).
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 Green in view of Studor, Busick and Irvin to incorporate a temperature sensor to measure portions of water and ice as stated in Dickson. The apparatus ensures that the beverage is the right consistency and temperature when climate temperatures vary (Paragraph 71, Temperature Data).
Regarding Claim 33, Green in view of Studor, Busick, Irvin and Dickson teaches a mixing system for mixing one or more of the at least one beverage ingredient or component thereof, the at least one flavoring, or the water to produce the at least one beverage (Green: Figure 11, Mixer 150 mixes the Ingredient and the Beverage Diluent Liquid).
Regarding Claim 34, Green in view of Studor, Busick, Irvin and Dickson teaches that the mixing system uses at least one additional sensor to sense at least one of a level, a flow, a pressure, or a temperature of one or more of the at least one of a beverage ingredient or component thereof, the at least one flavoring, or the water (Green: Paragraph 174 and Figure 11, Level Sensor in Dissolvers).
Regarding Claim 35, Green in view of Studor, Busick, Irvin and Dickson teaches that at least one additional sensor configured to sense at least one of a pressure level or a remaining level of one or more of the at least one beverage ingredient or component thereof or the at least one flavoring (Green: Paragraph 111 and 135, A gas transfer system 1, which can comprise of regulators, can control the supply of aroma enhanced gases and pressure level maintained within the dissolver, therefore it reads as being able to sense it).
Regarding Claim 36, Green in view of Studor, Busick, Irvin and Dickson teaches a user interface by which a user is able to specify at least one of a desired flavor, a desired level of sweetness, a desired temperature, or a desired type of a sweetener (Paragraph 65, Consumer can manually or using a wireless device, control what ingredients is used for making the beverage as well as if CO2 is used or not).
Regrading Claim 38, Green in view of Busick, Irvin and Dickson fails to teach that the cooling system is configured to subsequently add an amount of the ice as an ingredient to the at least one beverage.
Studor teaches a beverage dispensing machine (Abstract, Beverage Dispensing machine) that the cooling system is configured to subsequently add an amount of the ice as an ingredient to the at least one beverage. (Paragraph 134, Apparatus creates and stores Ice that it uses for cooling and used for adding ice to drinks).
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 Green in view of Busick, Irvin and Dickson to incorporate a cooling system that adds ice to the beverage as stated in Studor. Has two separate ice, one used for dispensing into drinks and other used for cooling which minimize the clean-in-place requirements (Paragraph 134, Ice).
Regarding Claim 39, Green in view of Studor, Busick, Irvin and Dickson teaches a gas handling system adapted to accept carbon dioxide (C02) cartridges (Green: Paragraph 52 and 112 and Figure 8, Apparatus can handle cartridge 200A-C can contain solid Gas which can CO2).
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Green (US Patent No. 2014015669) in view of Studor (US Patent No. 20120156337) and further in view of Busick (US Patent No. 6003318), Irvin (US Patent No. 20120285986), Dickson (US Patent No. 20040233781) and Rukavina (US Patent No. 20130043337).
Regrading Claim 37, Green in view of Studor, Busick, Irvin and Dickson fails to teach that the ice is produced externally from the appliance and added by a user.
Rukavina teaches a Drink Maker (Abstract, Drink Maker) where the ice is produced externally from the appliance and added by a user (Figure 6B, Ice bin 44 where ice can be added to the apparatus from an external source).
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 Green in view of Studor, Busick, Irvin and Dickson to incorporate external ice added to the beverage as stated in Rukavina. The Ice Bin measures the weight of the ice and how mush dispensed and if a refill is needed (Paragraph 91-92, Ice).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZEH HICHAM AMIN whose telephone number is (571)272-4235. The examiner can normally be reached Monday - Friday 7:00 am - 4:00 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, IBRAHIME ABRAHAM can be reached at (571) 270-5569. 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.
/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761