DETAILED ACTION
This application is a divisional of U.S. Application No. 16/647,526, now U.S. Patent No. 11,773,354.
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 1-7 are 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
Regarding claim 1, the recitation “A beer manufacturing method comprising: a flow path sterilization and washing operation of sterilizing and washing a flow path unit configured to sterilize and wash a flow path unit configured to connect the wort line of a coupler fixedly installed in a chamber to the air line for the coupler” renders the claim indefinite. It is not clear what active steps are required. Does the step require sterilizing and washing a flow path unit and a step of connecting the sterilized and washed flow path unit to the wort line through a coupler?
Regarding claim 1, the recitation “supplying yeast for fermenting the wort contained in the keg mounted in the chamber” renders the claim indefinite. It is not clear how the mere step of supplying the yeast would ferment the wort. Is the yeast added to the wort contained in the keg?
Regarding claim 2, the recitation “a sterilization and washing water circulating operation of circulating the sterilization and washing water, contained in the sterilization and washing filter bottle, in the flow pat unit form as a closed flow path for a predetermined time by operating the pump connected to the flow path unit” because there is no antecedent basis for the term “the pump.”
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.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US 2018/0072972).
Regarding claims 1 and 2, Shin et al. disclose a method producing small batches of fermented beverages including beer (Abstract, [0009]) wherein the method comprises first providing a beer fermentation device, the device comprises a housing with a main chamber for removably receiving a fermentation growler (i.e., wherein the fermentation growler could be a keg; i.e., coupling a keg cap to a coupler) and an ingredients chamber for removably receiving at least one pod, wherein the ingredients chamber is in fluid connection with the fermentation growler ([0013], Figures 2A and 2B). Here, any connection between, for example the fermentation growler to the flow path, would be considered a part of a device that joins the two parts together, i.e., a coupler.
Shin et al. disclose sanitizing the beer fermentation device by replacing the fermentation growler with a sanitizing cap and bottle, replacing the optional additional ingredients with a sanitizing pod, adding water and cleaning the fermentation device (including flow paths) ([0108], [0128]-[0130]).
Shin et al. disclose the effect of cleaning is improved by operating a peristaltic pump in a counter clockwise direction ([0134]-[0135], [0143]). Shin et al. disclose the direction of flow can be changed to facilitate removal of particulate debris that may be trapped in the flow paths ([0135]).
Shin et al. disclose the fermentation growler contains a mixture capable of undergoing fermentation wherein the mixture capable of undergoing fermentation includes a malt mixture, a liquid malt extract, dry malt extract or wort ([0013]).
Shin et al. disclose fermenting the mixture capable of undergoing fermentation, e.g., wort, by actuating a pressurized fluid source to transfer contents of the at least one pod comprising yeast into the fermentation growler, receive a specific gravity measure of the mixture and control at least one of a temperature and a pressure of the fermentation growler so as to cause the mixture to undergo a fermentation ([0013]). Shin et al. disclose opening the fermentation vessel during fermentation and closing the fermentation vessel at a desired level of fermentation ([0017]). Shin et al. disclose, after fermentation, conditioning the fermented beer wherein the conditioning step includes additional fermentation (i.e., secondary fermentation) or carbonation ([0017], [0071], [0103]-[0104]).
Shin et al. disclose adding, after fermentation, secondary ingredients including hops, flavoring agent, coloring agent, clarifying agents or any combination thereof ([0017]).
Shin et al. disclose the beer fermentation device includes a locking cap configured to seal the fermentation growler and a check valve assembly disposed with the locking cap, the check valve assembly configured to open a beer flow path and a gas flow path of the fermentation device when the locking cap engageably seals the fermentation growler and to close the beer flow path and the gas flow path of the fermentation device when the locking cap disengageably unseals the fermentation growler such that the inadvertent release of the beer and/or unintentional entry of contaminants are prevented ([0015]).
Regarding claims 3-5, Shin et al. disclose all of the claim limitations as set forth above. Shin et al. disclose adding secondary ingredients including flavoring agents to the fermented beer (i.e., smart infusing operation)(Abstract, [0013], [0017], [0074], [0101]). Shin et al. disclose placing a flavoring pod (i.e. infusing filter bottle) in a pod holder of a dry hopping tank (i.e., smart infusing filter bottle-[0122]). Shin et al. disclose that when the wort in the growler has fermented to beer, a portion of the beer is siphoned from the growler to the dry hopping tank via peristaltic pump ([0124]). Shin et al. disclose that after the beer has had time to infuse and mix with the flavor in the pod in the pod holder of the dry hopping tank, the beer is returned to the growler ([0124]). Shin et al. disclose the process of transferring the beer from the growler to the dry hopping tank and back can be repeated any number of times depending of the intensity of flavor desired. ([0124]).
Regarding claim 6, Shin et al. disclose all of the claim limitations as set forth above. Shin et al. also disclose the dry hopping module may be used to further supplement the flavor of the beer by siphoning wort into the module at a desired time in the beer making process ([0074]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to have added flavoring at any point in the process of making a fermented beverage disclosed by Shin et al. to obtain a desired flavor profile and style of beer.
Regarding claim 7, Shin et al. disclose all of the claim limitations as set forth above. Shin et al. disclose for the precise control of fermentation and carbonation there is a controlled opening and closing of a valve ([0078]), Figs. 1A-1D). Shin et al. disclose a control system which comprises, for example, a pressure control module with a pressure sensor ([0082]). Shin et al. disclose the controller receives a measured pressure from the pressure sensor and controls the opening and closing of a valve based on a desired CO2 level for a given beer to achieve the desired carbonation ([0102]). If the CO2 level is too high, the controller may open the valve to vent off pressure ([0102]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH A GWARTNEY whose telephone number is (571)270-3874. The examiner can normally be reached M-F: 9 a.m. - 5 p.m. EST.
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ELIZABETH A. GWARTNEY
Primary Examiner
Art Unit 1759
/ELIZABETH GWARTNEY/ Primary Examiner, Art Unit 1759