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 1-12 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.
In claim 1, lines 8 and 26, the term “and/or” is indefinite in that is suggests a conjunctive and disjunctive condition.
In claim 2, line 3, the term “and/or” is indefinite in that is suggests a conjunctive and disjunctive condition.
In claim 3, line 1, the term “and/or” is indefinite in that is suggests a conjunctive and disjunctive condition.
In claim 11, lines 6 and 22, the term “and/or” is indefinite in that is suggests a conjunctive and disjunctive condition.
Allowable Subject Matter
Claims 1 and 11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-10 and 12-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The references cited do not disclose nor teach a beverage production system, having a pack holder assembly, which engages, holds and locks a beverage packet, through first and second position so that it allow a package to be transported along a plane and a pack chamber, receiving the pack and reorientating it prior to being combined with a liquid and subsequently dispensed.
Additionally, while there are numerous applications by the assignee, revealing similar subject matter, they do not meet the requirements for a rejection under 35 U.S.C. §§102,3 as this application maintains a priority date of 7/30/2021.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL R DURAND whose telephone number is (571)272-4459. The examiner can normally be reached M-F 730-400.
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/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 30, 2026
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