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 .
Specification
Title of The Invention.
The disclosure is objected to because of the following informalities:
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The claims are clearly directed “A brewing system” as recited in the preamble of the independent claim 1 and “A method for an automated brewing system” in the preamble of the independent claims 11and 15. However, the invention is titled “Automated brewing system” which is only indicative of the statutory group of claim 1, a “system” without describing the claimed invention of independent claims 11 and 15, a “method”.
The following title is suggested: “Automated Brewing System and Method” which is descriptive of the claimed invention.
Claim Rejections - 35 USC § 101
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 1 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract ideas or mental process without significantly more.
The claim(s) recite(s) one or more abstract ideas, such as: “ processing an operation of the set of operations to provide… a command”, claim 1, (evaluation or judgement, which is a mental process in MPEP 2106.04(a)(2)(III)), “determining, based on the telemetry data, whether the operation is complete” , claim 1, (evaluation or judgement, which is a mental process in MPEP 2106.04(a)(2)(III)), “ based on determining the operation is complete, generating an indication that the brewing system has processed the recipe”, claim 1, (either evaluation or judgement done with pen and paper, which is a mental process in MPEP 2106.04(a)(2)(III)), “command provided to the brewing controller is a command to control at least one brewing component…”, claim 2, (a signal or information that is sent to a component of a system), “generating, based on the operation, a command to control the set of components of the automated brewing system”, claim 11 and claim 15 (a signal or information), “determining, based on telemetry data of the automated brewing system, that the operation is complete”, claim 11 and claim 15 (evaluation or judgement, which is a mental process in MPEP 2106.04(a)(2)(III)), “generating an indication that the automated brewing system has produced the liquid”, claim 11 and claim 15 (either evaluation or judgement done with pen and paper, which is a mental process in MPEP 2106.04(a)(2)(III)).
This judicial exception is not integrated into a practical application because the recited “obtaining…” and “receiving…” functions amount to a mere collection of data. Data collection, data transmission (e.g., sending a signal), and data output (e.g., displaying or sound or alarm output) are considered insignificant extra-solution activity (e.g., activity that occurs before the abstract idea or after the abstract idea, MPEP 2106.05(g). Further, generating an indication also amounts to displaying data. Alternatively, with pen and paper, a human could generate an indication which is regarded as a mental process.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements recited “at least one processor” and “memory” are mere generic computer tools to perform an abstract ideas that are not sufficient structures to amount to significantly more, MPEP 2106.05(f).
Similarly, dependent claims 2 – 10, 12 – 14, 16 – 20 do not add limitation that exceed mental process, signal information or amount to significantly more than the Judicial exceptions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 – 9 and 11 – 20 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Grone et al. (US 2020/0385656 A1) and hereinafter “Grone”.
Regarding claim 1, Grone discloses a brewing system (a brewing arrangement 10, see annotated FIGS.1 and 2) comprising:
at least one processor (a processing system 100 comprising a processor 102, FIG.1 and 2); and
memory storing instructions (memory 104, annotated FIG.2) that, when executed by the at least one processor, causes the system to perform a set of operations (the memory has executable instructions by the processor 102, (0069 – 0070 and see FIG.2)), the set of operations comprising:
obtaining, from a brewing platform, a recipe comprising a set of operations to produce a liquid (obtaining a set of brewing instructions (recipe) as input data 118 from input device 106 of the brewing arrangement 10 to produce a beer, (0071 – 0073 and see FIG.1 and 2));
processing an operation of the set of operations to provide, to a brewing controller of the brewing system, a command (processing operating characteristics or commands to a controller 30 of a brew house assembly 12 and fermentation assembly 24, (0056, 0061 and see FIG.1));
receiving, from the brewing controller, telemetry data corresponding to the command (receiving, from the controller 30, sensed operating characteristics data of the brew house assembly 12 and fermentation assembly 24, (0056 and see FIG.1));
determining, based on the telemetry data, whether the operation is complete (based on the received sensed operating characteristic data from sensors 32, monitoring and determining fermentation is processed or complete, (0059 – 0061 and see FIG.1)); and based on determining the operation is complete, generating an indication that the brewing system has processed the recipe (the processor indicates or displays processed results to a user by utilizing output device 108, (0071- 0073 and see FIG.2)).
PNG
media_image1.png
699
1119
media_image1.png
Greyscale
Regarding claim 2, Grone discloses the brewing system of claim 1, wherein the command provided to the brewing controller is a command to control at least one brewing component of the brewing system (the operating characteristics sent to the controller 30 is to control the brew house assembly 12 and fermentation assembly 24 of the brewing arrangement, (0056, annotated see FIG.1 and 2))
Regarding claim 3, Grone discloses the brewing system of claim 2, wherein the at least one brewing component includes at least one of a heater of the brewing system, a chiller of the brewing system, or a pump of the brewing system (the brewing arrangement 10 includes actuators 34 comprise pumps, heating elements, valves and a chiller 20 typically comprising a heat exchanger, (0058, 0060, see annotated FIGS 1 and 2)).
Regarding claim 4, Grone discloses the brewing system of claim 1, wherein determining the operation is complete comprises evaluating the telemetry data based on a completion condition defined by the recipe in association with the operation (the determining of the set operating characteristic of the brewing is met includes monitoring and controlling the plurality of sensors 32 and actuator data 34 of the brewhouse and fermentation assembly according to the operating characteristics, (0056, 0059- 0060, 0090 and see annotated FIGS 1 and 2)).
Regarding claim 5, Grone discloses the brewing system of claim 1, wherein the telemetry data includes sensor data from a set of sensors of the brewing system (the received data from controller 30, includes sensed operating characteristics data from a plurality of sensors 32 of the fermentation assembly 24, (0056, see annotated FIGS 1and 2)).
Regarding claim 6, Grone discloses the brewing system of claim 5, wherein the set of sensors includes one or more of: a temperature sensor; a fluid level sensor; a flow sensor; a hydrometer; or a pressure sensor (the plurality of sensors 32 may include fluid pressure sensors, fluid temperature sensors, fluid flow rate sensors, and fluid density sensors, (0059, see annotated FIGS1 and 2)).
Regarding claim 7, Grone discloses the brewing system of claim 1, wherein:
the operation is a first operation (the operating characteristic includes parameters associated with a recipe like strike temperature, infusion ramping, mash transfer rate, wort cooling rate and kettle boil-off rate, (0104));
a second operation of the set of operations includes a manual instruction for a user to perform an action (a user can also manually input instructions to the brewing arrangement through an input device 106, (0071 and 0073) and the monitoring system allows the operator to remotely view, record and manually control all aspects of the fermentation process in a fermenter, (0118)); and the set of operations further comprises: processing the second operation of the set of operations by: presenting the manual instruction to the user (the instruction may include requesting the operator to select , via a local interface, the number and size of vessels to be cleaned, the type of cleaning chemicals to be used, the start-delay time for cleaning to commence, (0088)); and receiving user input indicating the action has been completed (the operator validating that all cleaning steps have been completed successfully upon completion, (0088)).
Regarding claim 8, Grone discloses the brewing system of claim 7, wherein presenting the manual instruction comprises at least one of: displaying the manual instruction at an operator device of the brewing system (a visual display on a monitor in conjunction with data transmitted to a network, (0071)); or providing the manual instruction for display at a user device (a Graphical User Interface (GUI) with a dashboard typically displaying an iconographical and interactive representation of the operating characteristics of the brewhouse and fermentation assembly, (0083)).
Regarding claim 9, Grone discloses the brewing system of claim 7, wherein the set of operations further comprises evaluating sensor data of the brewing system to determine the action has been completed (the monitoring and controlling the sensor data includes evaluating the sensed data is indicating fermentation is complete, (0099 and 0120)).
Regarding claim 11, Grone discloses a method for an automated brewing system (a method for an automated brewing arrangement 10, (0087 – 00888, see annotated FIGS.1 and 2), the method comprising:
obtaining a recipe comprising a set of operations to cause a set of components of the automated brewing system to produce a liquid (obtaining a set of brewing instructions (recipe) as input data to the brewing arrangement 10 to produce beer, (0054 – 0056, 0071 – 0073 and see FIG.1 and 2)); for each operation of the set of operations:
generating, based on the operation, a command to control the set of components of the automated brewing system (generating operating characteristics or commands to control the automated brewing arrangement 10, (0056, 0061 and see FIG.1)); and
determining, based on telemetry data of the automated brewing system, that the operation is complete (determining, based on the received sensed operating characteristic data from sensors 32, that fermentation is processed or complete, (0059 – 0061 and see FIG.1)); and
generating an indication that the automated brewing system has produced the liquid (generate an indication or display of the automated brewing arrangement 10 processed results to a user by utilizing output device 108, (0071- 0073 and see FIG.2)).
Regarding claim 12, Grone discloses the method of claim 11, wherein: the set of components of the automated brewing system include a heater, a chiller, and a pump (the automated brewing arrangement 10 includes actuators 34 comprise pumps, heating elements, valves and a chiller 20 typically comprising a heat exchanger, (0058, 0060, see annotated FIGS 1 and 2)); and each generated command corresponds to a set of commands that is implemented by a brewing controller of the automated brewing system (controller 30 implements controlling commands of brewhouse and fermentation assembly of the operating characteristics the automated brewing arrangement 10, (0056 – 0060)).
Regarding claim 13, Grone discloses the method of claim 11, wherein the telemetry data includes sensor data from one or more of: a temperature sensor of the automated brewing system; a fluid level sensor of the automated brewing system; a flow sensor of the automated brewing system; a hydrometer of the automated brewing system; or a pressure sensor of the automated brewing system(the sensed parameter includes data from the plurality of sensors 32 of fluid pressure sensors, fluid temperature sensors, fluid flow rate sensors, and fluid density sensors of the automated brewing arrangement 10, (0059, see annotated FIGS1 and 2)).
Regarding claim 14, Grone discloses the method of claim 11, wherein the recipe is obtained from a brewing platform ( a set of brewing instructions (recipe) is obtained from input data 118 of the brewing arrangement 10, (0071 – 0073 and see FIG.1 and 2)), and the indication is provided to the brewing platform for relay to a user computing device (output data 120 is generated and displayed by the output device 108 or monitor of the brewing arrangement 10 to the user, (0071 – 0073 and see FIG.1 and 2)).
Regarding claim 15, Grone discloses a method for an automated brewing system (a method for an automated brewing arrangement 10, (0087 – 00888, see annotated FIGS.1 and 2), the method comprising:
obtaining, from a brewing platform, a recipe comprising a set of operations to produce a liquid (obtaining a set of brewing instructions (recipe) as input data 118 from input device 106 of the automated brewing arrangement 10 to produce a beer, (0071 – 0073 and see annotated FIG.1 and 2));
generating, based on an operation of the set of operations, a command to control at least one brewing component of a brewing system (generating operating characteristics or commands to control the automated brewing arrangement 10, (0056, 0061 and see FIG.1);
providing, to a brewing controller, the generated command (providing operating characteristics or commands to a controller 30 of a brew house assembly 12 and fermentation assembly 24, (0056, 0061 and see annotated FIG.1);
receiving, from the brewing controller, telemetry data corresponding to the command (receiving, from the controller 30, sensed operating characteristics data of the brew house assembly 12 and fermentation assembly 24, (0056 and see annotated FIG.1));
determining, based on the telemetry data, whether the operation is complete (based on the received sensed operating characteristic data from sensors 32, monitoring and determining fermentation is processed or complete, (0059 – 0061 and see annotated FIG.1)); and
based on determining the operation is complete, generating an indication that the brewing system has processed the recipe (the processor indicates or displays processed results to a user by utilizing output device 108, (0071- 0073 and see annotated FIG.2)).
Regarding claim 16, Grone discloses the method of claim 15, wherein the at least one brewing component includes at least one of a heater, a chiller, or a pump (the brewing arrangement 10 includes actuators 34 comprise pumps, heating elements, valves and a chiller 20 typically comprising a heat exchanger, (0058, 0060, see annotated FIGS 1 and 2)).
Regarding claim 17, Grone discloses the method of claim 15, wherein determining the operation is complete comprises evaluating the telemetry data based on a completion condition defined by the recipe in association with the operation (the monitoring and controlling the sensor data includes evaluating the sensed data is indicating fermentation is complete, (0099 and 0120)).
Regarding claim 18, Grone discloses the method of claim 15, wherein the telemetry data includes sensor data from one or more of: a temperature sensor; a fluid level sensor; a flow sensor; a hydrometer; or a pressure sensor (the sensed parameter includes data from the plurality of sensors 32 of fluid pressure sensors, fluid temperature sensors, fluid flow rate sensors, and fluid density sensors of the automated brewing arrangement 10, (0059, see annotated FIGS1 and 2)).
Regarding claim 19, Grone discloses the method of claim 15, wherein: the operation is a first operation(the operating characteristic includes parameters associated with a recipe like strike temperature, infusion ramping, mash transfer rate, wort cooling rate and kettle boil-off rate, (0104)); a second operation of the set of operations includes a manual instruction for a user to perform an action(a user can also manually input instructions to the brewing arrangement through an input device 106, (0071 and 0073) and the monitoring system allows the operator to remotely view, record and manually control all aspects of the fermentation process in a fermenter, (0118)); and the method further comprises: processing the second operation of the set of operations by: presenting the manual instruction to the user (the instruction may include requesting the operator to select , via a local interface, the number and size of vessels to be cleaned, the type of cleaning chemicals to be used, the start-delay time for cleaning to commence, (0088)); and receiving user input indicating the action has been completed(the operator validating that all cleaning steps have been completed successfully upon completion, (0088)).
Regarding claim 20, Grone discloses the method of claim 19, further comprising evaluating sensor data of the brewing system to determine the action has been completed (the monitoring and controlling the sensor data includes evaluating the sensed data is indicating fermentation is complete, (0099 and 0120)).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grone in view of Mitchell (US 2016/0272927 A1) and hereinafter “Mitchell”.
Regarding claim 10, Grone discloses the brewing system of claim 1.
Grone does not explicitly teach wherein the set of operations further comprises: determining, based on the telemetry data, whether a timeout threshold is met; and based on determining the timeout threshold is met, generating a failure indication.
However, Mitchell that relates automated beer brewing systems ( 0001 – 0002) , also teaches that the brewing system comprises a controller that transmit brewing steps/recipe to a brewing system that execute the recipe, during execution, the brewing system takes various measurements (telemetry data) analyzes by the controller, wherein the controller determines whether a certain deviation is met (threshold) and indicate that an error occurred (failure indication), (0027, 0043, 0108 and 0110). When the controller determines that the deviation above a certain threshold, it pauses or stops operation and when the controller determines the deviation is within certain attainable threshold, resumes the brewing process with modifications to the brewing steps (0043, 0060).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the controller of brewing system of Grone to include determining, based on the telemetry data, whether a timeout threshold is met; and based on determining the timeout threshold is met, generating a failure indication, as doing so enables to distinguish between attainable or correctable failures and failures that require pause or stopping of the brewing operation as taught in Mitchell, improving overall efficacy of the brewing process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST.
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, Steven Crabb can be reached at (571)270-5095. 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.
/DILNESSA B BELAY/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761