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 .
Notice of Amendment
In view of the response filed August 18, 2026, amended claims 1-12, 14-15 and new claims 16-20 are acknowledged. The following reiterated grounds of rejection are set forth:
Claim Rejections - 35 USC § 102
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.
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.
GROUND 1: Claim(s) 1 and 3-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0155732 to Sprunger.
In regard to claim 1, Sprunger discloses a flavoring reservoir 14 for storing aromatics and for releasing the aromatics to a drink system, the flavoring reservoir having comprising: a container 64 which encloses a receiving space 38 with a wall, the wall including at least one air inlet opening 50 and at least one air outlet opening 78 (See Figs. 6-10); and a substrate material 26 arranged in the receiving space, the substrate material being loaded with an aromatic and releasing the aromatic to air that flows in through the air inlet opening (See paras 0025-0026), flows along past the substrate material and flows out through the air outlet opening wherein the flavoring reservoir has an annular shape with the receiving space which is arranged around a central aperture 34 and enclosed by the wall, wherein a dividing wall 68 completely traversing the receiving space is arranged in the receiving space and wherein the air inlet opening and the air outlet opening are arranged adjacently with respect to one another, the air inlet opening being arranged in a region which adjoins the dividing wall on a first side of the dividing wall, and the air outlet opening being arranged in a region which adjoins the dividing wall on a second side of the dividing wall which lies opposite the first side (see Figs. 7-9, 14-16 and paras 0035-0038).
In regard to claim 3, Sprunger discloses a flavoring reservoir, wherein the air outlet opening 78 is arranged on an inner wall portion of the wall located inside and facing the central aperture (see Figs. 7-9 and paras 0035-0038).
In regard to claim 4, Sprunger discloses a flavoring reservoir, wherein the air outlet opening is a slit-shaped opening longitudinally extending in a circumferential direction of the annular shape, a width of the air outlet opening in a direction transverse to, in particular perpendicular to, the circumferential direction changes continuously, in particular tapering when viewed in a circumferential direction (see Figs. 7-9, 14-16 and paras 0035-0038).
In regard to claim 5, Sprunger discloses a flavoring reservoir, wherein the air inlet opening is arranged on a side wall facing outwards and away from the central aperture, on a lower bottom wall or on an upper ceiling wall (see Figs. 7-9, 12-13 and paras 0035-0038).
In regard to claim 6, Sprunger discloses a flavoring reservoir, wherein the container is formed by a lower shell 64, which is formed in a single piece, and a cover 68 which is placed on the lower shell, wherein a bottom and side walls of the lower shell and the cover form the wall surrounding the receiving space enclosed between the lower shell and the cover, and wherein the cover is permanently joined to the lower shell by a cold-formed connection, in particular by pressing and/or rolling (see Figs. 7-9, 14-16 and paras 0035-0038).
In regard to claim 7, Sprunger discloses a drink system with a drink vessel and a flavoring reservoir according to claim 1 (see rejections above) connected or connectable to the drink vessel 16, such that, when a person drinks from the drink vessel, air aspirated through the air inlet opening in the wall of the flavoring reservoir and provided with the aromatic laoded in the substrate material is guided through the air outlet opening and to the person (See Figs 1-2).
GROUND 2: Claim(s) 1 and 3-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 20 2017 000239 to Jager.
In regard to claim 1, Jager discloses a flavoring reservoir 8 for storing aromatics and for releasing the aromatics to a drink system, the flavoring reservoir having comprising: a container 4 which encloses a receiving space 8 with a wall, the wall including at least one air inlet opening 12 and at least one air outlet opening 11 (See Fig. 1 and para 0014); and a substrate material arranged in the receiving space, the substrate material being loaded with an aromatic and releasing the aromatic to air that flows in through the air inlet opening, flows along past the substrate material and flows out through the air outlet opening wherein the flavoring reservoir has an annular shape with the receiving space which is arranged around a central aperture 5 and enclosed by the wall, wherein a dividing wall 15 completely traversing the receiving space is arranged in the receiving space and wherein the air inlet opening and the air outlet opening are arranged adjacently with respect to one another, the air inlet opening being arranged in a region which adjoins the dividing wall on a first side of the dividing wall, and the air outlet opening being arranged in a region which adjoins the dividing wall on a second side of the dividing wall which lies opposite the first side (see Figs. 1-3 and paras 0014-0017).
In regard to claim 3, Jager discloses a flavoring reservoir, wherein the air outlet opening 11 is arranged on an inner wall portion of the wall located inside and facing the aperture (see Fig. 1).
In regard to claim 4, Jager discloses a flavoring reservoir, wherein the air outlet opening is a slit-shaped opening longitudinally extending in the circumferential direction of the ring, the width of whose opening changes continuously in a direction transverse to, in particular perpendicular to the circumferential direction, in particular tapering when viewed in a circumferential direction (see Figs. 1-3).
In regard to claim 5, Jager discloses a flavoring reservoir, wherein the air inlet opening 12/14 is arranged on a side wall facing outwards and away from the aperture, on a lower bottom wall or on an upper ceiling wall (see Fig. 1)
In regard to claim 6, Jager discloses a flavoring reservoir, wherein the container is formed by a lower shell 4, which is formed in a single piece, and a cover which is placed on the lower shell, wherein a bottom and side walls of the lower shell and the cover form the wall surrounding the receiving space enclosed between the lower shell and the cover, and wherein the cover is permanently joined to the lower shell by a cold-formed connection, in particular by pressing and/or rolling (see Fig. 3).
In regard to claim 7, Jager discloses a drink system with a drink vessel and a flavoring reservoir according to claim 1 (see rejections above) connected or connectable to the drink vessel 2, such that, when a person drinks from the drink vessel, air aspirated through the air inlet opening in the wall of the flavoring reservoir and provided with the aromatic stored in the substrate material is guided through the air outlet opening and to the mouth of the drinker (See Figs 1-3).
In regard to claim 8, Jager discloses a drink system with a drink vessel and a flavoring reservoir, wherein a mouthpiece from which a drinking straw 10 guided into the drink vessel protrudes at a drinking end and which, apart from an opening formed by the drinking straw as well as any air vent opening present on the mouthpiece or formed with the mouthpiece to replenish a volume taken from the container during drinking, largely seals an interior space of the drink vessel, the drinking straw having a circumferential wall and an air inlet opening in the circumferential wall, the flavoring reservoir being arranged around the drinking straw in such a way that the drinking straw runs through the central aperture and the air outlet opening of the flavoring reservoir and the air inlet opening of the drinking straw lie opposite each other such that, when the drinking straw is sucked, air flows through the air inlet opening, through the flavoring reservoir and out from the air outlet opening (see Figs 1-2 and paras 0005-0017).
Allowable Subject Matter
Claims 8-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed on 8/18/26 have been fully considered and will be addressed as follows in view of the previously presented claim interpretations and GROUND 1-5:
Drawings:
The replacement drawings filed 8/18/26 have been reviewed and accepted. The objection to the drawings is withdrawn.
Specification:
In view of the remarks filed 8/18/26, the objection to the specification is withdrawn.
GROUND 1: (112a rejections):
In view of the amendments filed 8/18/26, the rejection of claim 2 as failing to comply with the written description requirement is withdrawn.
GROUND 2: (112b rejections):
In view of the amendments filed 8/18/26, the rejection of claims 2-5 and 7-15 as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention is withdrawn.
GROUND 3: (101 rejections):
In view of the amendments filed 8/18/26, the rejection of claims 7-15 as being directed to or encompassing a human organism is withdrawn.
GROUND 4: (102 rejections - Claims 1 and 3-7 as anticipated by Sprunger):
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., an annular flow path and/or wherein the dividing wall defines ends of the annular shaped flow path) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant states that Sprunger fails to disclose “wherein the flavoring reservoir has an annular shape with the receiving space” as claimed. Examiner strongly disagrees. By definition, the term “annular” means “of, relating to, or forming a ring” (see https://www.merriam-webster.com/dictionary/annular). Sprunger clearly illustrate the outer wall 64 of the receiving space 38 as being circular (see Figs. 6 and 8-10). Thus, by definition, the flavoring reservoir “has an annular space with the receiving space” as the outer wall forms a ring. Applicant is advised to define the annular shape with respect to the flow path of the air passing from the air inlet opening to the air outlet opening through the receiving space.
Applicant further states that Sprunger fails to disclose “a dividing wall complete traversing the receiving space” as claimed. Examiner strongly disagrees. By definition, the term “traverse” means “to lie or extends across” (See https://www.merriam-webster.com/dictionary/traverse). Sprunger clearly illustrate a “dividing wall” 68 which extends completely across the receiving space (see Fig. 9). Sprunger discloses alternate designs, wherein the “dividing wall” “extends completely across” the receiving space of the flavoring reservoir (See Figs. 11-16). Applicant is advised to define the dividing wall with respect to the annular flow path of the air passing from the air inlet opening to the air outlet opening. That is, the “dividing wall” 19 of the instant invention defines both the beginning and end of the annular shaped flow path within the receiving space.
As broadly as claimed, Sprunger discloses a flavoring reservoir with both an “annular shape” and a “dividing wall that complete traverses the receiving space” thereof, and the rejections are maintained. Now GROUND 1 above.
GROUND 5: (102 rejections - Claims 1 and 3-8 as anticipated by Jager):
Similar to the discussion above, with respect to Sprunger, Applicant states that Jager fail to disclose a flavoring reservoir with both an “annular shape” and a “dividing wall that complete traverses the receiving space”. Examiner disagrees. Under the same rationale, Jager discloses a circular receiving space 8, and thus “has an annular space with the receiving space” as the outer wall forms a ring. Likewise, “dividing wall” 15 extends completely across the receiving space (see Fig. 3).
As broadly as claimed, Jager discloses a flavoring reservoir with both an “annular shape” and a “dividing wall that complete traverses the receiving space” thereof, and the rejections are maintained. Now GROUND 2 above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J KASZTEJNA whose telephone number is (571)272-6086. The examiner can normally be reached M-F, 7AM--3PM.
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/MATTHEW J KASZTEJNA/Primary Examiner, Art Unit 3993
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