CTNF 18/202,547 CTNF 95927 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Republic of Korea on 05/27/2022. It is noted, however, that applicant has not filed a certified copy of the English translation of KR10-2022-0065035 application. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 06-11 AIA 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. Claim Objections 07-29-01 AIA Claim 14 is objected to because of the following informalities: two different claims are numbered 14 . PNG media_image1.png 336 920 media_image1.png Greyscale Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1, 3, 5, 10-19 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Suh et al., US 20180129380 (hereafter Suh) . Regarding claim 1, A beverage making system comprising: a mobile terminal ; (abstract) a beverage maker configured to (i) communicate with at least one of the mobile terminal or a server , (paragraph [2] “a mobile terminal that is communicative with a beverage-making apparatus”) (ii) receive an upgrade item from the mobile terminal or the server, ( Paragraph [2] “to exchange information for making a beverage”) and (iii) make a beverage in a mode of a plurality of modes ; (Fig. 7b teaches selecting a recipe from library. It is implied that each recipe is a mode.) a user interface disposed at at least one of the mobile terminal or the beverage maker, (Fig. 7b) configured to (i) display beverage making information, and (ii) receive a user's command; and a controller (109) configured to control the beverage maker according to an input from the user interface , (Paragraph [2] “a mobile terminal that is communicative with a beverage-making apparatus to exchange information for making a beverage.”) wherein the plurality of modes (Fig. 9c) comprises: a normal mode configured to make the beverage using a predetermined ingredient, and store the made beverage in the beverage maker, (Fig. 9c “Beer chef amber ale package”) and an upgrade mode configured to update the beverage making system by the mobile terminal or the server . (Fig. 9c “Mix & match”) PNG media_image2.png 620 399 media_image2.png Greyscale Fig. 9c in Suh Regarding claim 3, The beverage making system according to claim 1, wherein the upgrade mode comprises a mix and match mode configured to make the beverage using an ingredient selected by a user , (Paragraph [310] “the selection window 2320 may include an item “Mix & Match” for allowing the user to directly select each of the ingredients.”) and store the made beverage in the beverage maker . (Paragraph [305] “FIG. 12C illustrates an example of a user interface that is displayed by mobile terminal 2000 indicating a state of a beverage that was previously made and is currently being stored in the beverage-making apparatus 1000.”) Regarding claim 5, The beverage making system according to claim 3, wherein the user interface is configured to display (Paragraph [278] “ the recipe input screen 2310 may indicate a name of the beverage or a name of the recipe of the beverage that is currently being made in the beverage-making apparatus 1000.”) a first beverage name in the normal mode and a second beverage name in the mix and match mode . (Paragraph [7] “the recipe information for the beverage by receiving information regarding at least one of a name of the beverage,”. It is implied that each recipe has a beverage name. ) Regarding claim 10, The beverage making system according to claim 1, wherein the user interface is configured to display product and function information . (Paragraph [29] “the mobile terminal can more effectively provide a beverage recipe searching function,”) Regarding claim 11, The beverage making system according to claim 1, wherein the beverage maker (Fig. 1) comprises: a fermentation module (fermentation module 1) configured to ferment the beverage; a temperature controller configured to control an inner temperature of the fermentation module ; (Paragraph [74] “The fermentation module 1 may further include a temperature controller that changes a temperature of the fermentation tank assembly 11.”) a water supply module (module 5) configured to supply water to the beverage maker; an ingredient supplier (supplier 3) configured to accommodate one or more ingredients for making the beverage; and a beverage dispenser (extractor 6) configured to dispense the made beverage from the fermentation module to an outside of the beverage maker . (Paragraph [56] “a beverage extractor 6 that allows a beverage fermented in the fermentation module 1 to be extracted to the outside.”) Regarding claim 12, The beverage making system according to claim 11, wherein the fermentation module comprises: a fermentation tank module having an opening; and a fermentation lid configured to open and close the opening of the fermentation tank . (Paragraph [58] “the fermentation tank assembly 11 includes a fermentation tank 112 has an opening 111 formed at an upper portion thereof, the fermentation tank 112 having the space S1 formed therein, and a fermentation tank cover 114 covering the opening 111.”) Regarding claim 13, The beverage making system according to claim 12, wherein the fermentation tank comprises a fermentation container (beverage ingredient pack 12) that is disposed in the fermentation tank. Regarding claim 14, The beverage making system according to claim 11, wherein the temperature controller comprises: a refrigerant cycle device configured to control the temperature of the fermentation tank ; (Paragraph [76] “the refrigeration cycle apparatus 13 may control a temperature of the fermentation tank”) and a heater configured to provide heat to the fermentation tank. (Paragraph [78] “the temperature controller may further include a heater 14 that heats the fermentation tank assembly 11.”) Regarding claim 14, The beverage making system according to claim 11, wherein the ingredient supplier is configured to supply the one or more ingredients to a fermentation container with the water supplied from the water supply module . (Paragraph [89] “The supplier 3 may accommodate ingredients required to brew the beverage therein, and be configured to allow water supplied from the water supply module 5 to pass therethrough.”) Regarding claim 15, The beverage making system according to claim 11, wherein the ingredient supplier comprises an ingredient accommodation portion, wherein the one or more ingredients are each accommodated in a capsule, and wherein each capsule is accommodated in the ingredient accommodation portion . (Paragraph [91] “When the ingredients are accommodated in the capsule, the supplier 3 may be configured such that the capsule is mountable and extractable. The supplier may be configured as a capsule kit assembly in which the capsule is separably accommodated.”) Regarding claim 16, The beverage making system according to claim 11, further comprising: a first main channel configured to couple the water supply module to the ingredient supplier ; (paragraph [56] “a water supply module 5 connected to the supplier 3 through a water supply channel 4”) a second main channel configured to couple the ingredient supplier to the fermentation module; and (Paragraph [56] “an ingredient supplier 3 (or simply, supplier 3) connected to the fermentation module 1 through a main channel 2 (also referred to as main flow path 2),”) a bypass channel, wherein one end of the bypass channel is coupled to the first main channel and the other end of the bypass channel is coupled to the second main channel . (Paragraph [107] “The bypass flow path 34 may be connected to the water supply flow path 4 and the main flow path 2,”) Regarding claim 17, The beverage making system according to claim 16, wherein the beverage dispenser comprises: a dispenser configured to dispense the beverage ;(Paragraph [129] “The beverage extractor 6 may further include a beverage extraction valve 62 connected to the beverage extraction flow path 61.” and a beverage dispensing channel configured to couple the dispenser to the second main channel . (Paragraph [129] “The beverage extractor 6 may include a beverage extraction flow path 61 connected to the main flow path 2,”) Regarding claim 18, The beverage making system according to claim 17, wherein the beverage dispenser further comprises a tab configured to open and close the dispenser and disposed at the dispenser . (Paragraph [131] “The beverage extraction valve 62 may include a lever manipulated by the user”) Regarding claim 19, The beverage making system according to claim 17, wherein the beverage dispensing channel comprises a beverage dispending valve configured to open and close the beverage dispensing channel . (Paragraph [131] “The beverage extraction valve 62 may include a lever manipulated by the user and a tap valve having a micro switch that detects a manipulation of the user.”) Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh as applied to claims 1 and 3 above respectively, and further in view of Watson et al., US 20160201018 (hereafter Watson) . Regarding claim 2, The beverage making system according to claim 1, wherein, based on the beverage making system being in the upgrade mode, at least one of a fermentation temperature, a fermentation time, or a fermentation pressure is different from when the beverage making system is in the normal mode . (The claim is interpreted as different recipes comprise different fermentation time, or pressure, or temperature values. Primary combination of references is silent about this. Watson teaches in paragraph [60] “the controller may be configured to operate in accordance with a plurality of modes, each having distinct control parameters with regard to at least one of: temperature, pressure within the vessel, and time. It follows that the current mode is that currently required in order to achieve a distinct result in relation to the beverage.”) Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the controller in Watson to the system in Suh. One of ordinary skill in the art would have been motivated to do so because “It should be appreciated that pressure, time, and/or temperature settings within modes may depend on the beverage. Selection of the beverage or beverage type may, for example, be performed by the user of the apparatus through the user interface” as taught in paragraph [66] in Watson. Regarding claim 4, The beverage making system according to claim 3, the beverage maker is configured to, based on the beverage making system being in the mix and match mode, make a plurality of beverages, wherein making periods and fermentation temperatures of the plurality of beverages are different from each other. (The claim is interpreted as different recipes comprise different fermentation time, or pressure, or temperature values. Primary combination of references is silent about this. Watson teaches in paragraph [60] “the controller may be configured to operate in accordance with a plurality of modes, each having distinct control parameters with regard to at least one of: temperature, pressure within the vessel, and time. It follows that the current mode is that currently required in order to achieve a distinct result in relation to the beverage.” Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the controller in Watson to the system in Suh. One of ordinary skill in the art would have been motivated to do so because “It should be appreciated that pressure, time, and/or temperature settings within modes may depend on the beverage. Selection of the beverage or beverage type may, for example, be performed by the user of the apparatus through the user interface” as taught in paragraph [66] in Watson . 07-22-aia AIA Claim (s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh as applied to claim s 1 above, and further in view of Wallace et al., US 20120189736 (hereafter Wallace) . Regarding claim 6, The beverage making system according to claim 1, wherein the plurality of modes further comprises an expert mode configure to (i) ferment the predetermined ingredient , (Paragraph [3] “Such beverages are typically made using ingredients that are combined and fermented to yield the resulting beverage.”) (ii) extract the fermented ingredient from the beverage maker , (paragraph [56] “a beverage extractor 6 that allows a beverage fermented in the fermentation module 1 to be extracted to the outside.”) and (iii) store the fermented ingredient in a separate container . (Primary combination of references is silent about this. Wallace teaches “a program to both ferment and store the fermented brew until it is drawn from the arrangement into a suitable container or containers for secondary fermentation” in paragraph [53].) Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to store the fermented brew into a suitable container as taught in Wallace in the system in Suh. One of ordinary skill in the art would have been motivated to do so “for secondary fermentation” as taught in paragraph [53] in Wallace. Regarding claim 7, The beverage making system according to claim 6, wherein the user interface is configured to, based on the beverage making system being in the expert mode, display an expert mode card comprising a set state of the expert mode . (The claim is interpreted as user interface displays states of recipe. Paragraph [289] in Suh teaches “ FIG. 11A illustrates an example of a user interface that is displayed by mobile terminal 2000 in response to a user input selecting the “Mix & Match” option in selection window 2320 of FIG. 9C”.) Regarding claim 8, The beverage making system according to claim 7, wherein the set state of the expert mode comprises (i) addition of flavor ( Fig. 11c in Suh) PNG media_image3.png 532 434 media_image3.png Greyscale Fig. 11c in Suh and (ii) extraction of the made beverage after primary fermentation . (Paragraph [56] in Suh teaches “a beverage extractor 6 that allows a beverage fermented in the fermentation module 1 to be extracted to the outside.”) Regarding claim 9, The beverage making system according to claim 6, wherein a beverage making time in the expert mode is less than a beverage making time in the normal mode. (The claim is interpreted as beverage making time is adjustable. Paragraph [211] in Suh “The fermentation time of the beverage ingredients or the beverage completion time may be changed depending on kinds of the beverage ingredients contained in the beverage brewing pack 12.” It is understood that different recipes with different ingredients have different beverage making time.) Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20180016530, abstract KR 20190026393, abstract KR 20190025315, abstract KR 20190025311, abstract KR 20190021619, abstract US 20180129379, abstract US 20180129360, abstract US 20180129361, abstract KR 20180025123, abstract US 20200140794, abstract US 20190153368, abstract US 20190153366, abstract US 20200190447, abstract Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAHMIDA FERDOUSI whose telephone number is (303)297-4341. The examiner can normally be reached Monday-Friday; 9:00AM-3:00PM; PST. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FAHMIDA FERDOUSI/ Examiner, Art Unit 3761 Application/Control Number: 18/202,547 Page 2 Art Unit: 3761 Application/Control Number: 18/202,547 Page 3 Art Unit: 3761 Application/Control Number: 18/202,547 Page 4 Art Unit: 3761 Application/Control Number: 18/202,547 Page 5 Art Unit: 3761 Application/Control Number: 18/202,547 Page 6 Art Unit: 3761 Application/Control Number: 18/202,547 Page 7 Art Unit: 3761 Application/Control Number: 18/202,547 Page 8 Art Unit: 3761 Application/Control Number: 18/202,547 Page 9 Art Unit: 3761 Application/Control Number: 18/202,547 Page 10 Art Unit: 3761 Application/Control Number: 18/202,547 Page 11 Art Unit: 3761 Application/Control Number: 18/202,547 Page 12 Art Unit: 3761 Application/Control Number: 18/202,547 Page 13 Art Unit: 3761 Application/Control Number: 18/202,547 Page 14 Art Unit: 3761 Application/Control Number: 18/202,547 Page 15 Art Unit: 3761 Application/Control Number: 18/202,547 Page 16 Art Unit: 3761 Application/Control Number: 18/202,547 Page 17 Art Unit: 3761 Application/Control Number: 18/202,547 Page 18 Art Unit: 3761 Application/Control Number: 18/202,547 Page 19 Art Unit: 3761
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