DETAILED ACTION
For this Office action, Claims 1-20 are pending.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 August 2026 has been entered.
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed 13 August 2026, with respect to the grounds of rejection of Claims 14-20 under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) have been fully considered and are persuasive. The grounds of rejection have been withdrawn. Applicant has amended the claims in a manner that removes the limitations deemed new matter from the claim set, and the grounds of rejection under 35 U.S.C. 112(a) have been withdrawn. Likewise, the grounds of rejection under 35 U.S.C. 112(b) have also been withdrawn. Please consult the appropriate section of the Applicant Arguments/Remarks Made in an Amendment filed 13 August 2026 for more detail on why these grounds of rejection have been withdrawn.
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed 13 August 2026, with respect to the rejections of claims 1-5 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. 103 using Lien (US Pat Pub. 2010/0012221) as a secondary reference. Applicant has amended the claims in a manner that further clarifies and narrows the scope of the claims, in particular by requiring that the faucet comprises a locking mechanism configured to lock the vessel to the faucet until the vessel is filled. These amendments overcome the teachings of the cited prior art, and the grounds of rejection are hereby withdrawn. New grounds of rejection are made after further search and consideration, and said grounds of rejection are detailed below. The arguments are now considered moot, as they do not address these new grounds of rejection required by the amendments. Applicant's arguments filed 13 August 2026 regarding the grounds of rejection of Claims 6-13 under 35 U.S.C. 103 have been fully considered but they are not persuasive. Applicant argues that Clusserath (US Pat Pub. 2010/0108180) does not disclose a vessel lid that stays locked until a pressure release valve in the base releases the pressure inside the vessel. Applicant further argues that the gas lock 10 and the liquid valve 13 are not parts of a base but instead components within the housing of the filling element of the filling machine instead of components of a vessel. Applicant additionally argues that the closure element 35 is for cleaning and sterilization. Upon further consideration, the examiner respectfully disagrees for the following reasons. First, the gas lock 10 is a part of the vessel 1 as seen in Figure 1 (see interface), which therefore can be tied to the vessel and the primary reference. Furthermore, the reference teaches that the filling operation (including the gas lock 10) is performed while the vessel is closed off while the vessel/system may be open during the sterilization/cleaning operation, which implies that the vessel is closed off during filling and opened once it is over (or the valve releases the vessel after filling; Paragraph [0010]). For this reason, the grounds of rejection are maintained in view of the applicant arguments.
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed 13 August 2026, with respect to the grounds of rejection of Claims 14-20 under 35 U.S.C. 103 have been fully considered and are persuasive. The grounds of rejection have been withdrawn. Applicant has amended the claims in a manner that further clarifies and narrows the scope of the claims, wherein such amendments overcome the teachings of the cited prior art. The grounds of rejection are therefore withdrawn. Please consult the appropriate section of the Applicant Arguments/Remarks Made in an Amendment filed 13 August 2026 for more detail on why these grounds of rejection have been withdrawn.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Fantappie et al. (US Pat Pub. 2022/0024748, found in IDS filed 11/12/2024) in view of Ibsies, US Pat Pub. 2012/0103926 (found in IDS filed 11/12/2024) and Lien (US Pat Pub. 2010/0012221).
Regarding instant Claim 1, Fantappie discloses a fluid modifier and dispensing system (Abstract; Figure 1; beverage dispenser with blending capabilities) comprising:
a fluid modifying assembly (Figure 1; Figure 3; Figure 3A; Figure 11; Paragraph [0035]; Paragraph [0097]; housing 100 comprises fluid modification elements such as concentrate bottles 701) comprising:
a fluid modification unit (Figure 1; Figure 3; Figure 3A; Figure 11; Paragraph [0097]; housing 100) comprising:
a gas dosing unit configured to infuse a fluid with a gas (Figure 7A; Figure 7B; Paragraph [0049]; gas source 401 connected to chilled water line 404);
a filter configured to filter the fluid (Figure 3A; Figure 10B; Paragraph [0071]; filter 203); and
a pH regulator configured to modify a pH of the fluid (Figure 3A; Figure 10B; Paragraph [0071]; alkaline functional group 600 and related parts used to raise pH to preferred levels);
a temperature regulation system coupled to the fluid modification unit, wherein the temperature regulation system is configured to modify a temperature of the fluid (Figure 11; Paragraph [0037]; Paragraph [0042]; Paragraph [0064]; cooling functional group 300 and heating functional group 500, and associated parts with each); and
a dosing system coupled to the fluid modification unit, wherein the dosing system is configured to add a customizable amount of one or more supplements to the fluid (Abstract; Figure 10A; Figure 10B; Figure 11; Paragraph [0037]; Paragraph [0073]; flavoring and enhancement functional group 700; see that customizable amounts of additive can be made to deliver beverage of user’s choice); and
a fluid dispensing assembly (Figure 2; Paragraph [0034]; nozzle 210 for dispensing) comprising:
a faucet coupled to the fluid modifying assembly (Figure 2; Paragraph [0034]; nozzle 210);
a vessel comprising a lid and a base (Figure 2; Paragraph [0034]; container 2 having a lid with associated cap and base at bottom of bottle).
However, Fantappie is silent on the base of the vessel being configured to couple directly to the faucet to fill the vessel with the fluid and the faucet comprising a locking mechanism configured to lock the vessel to the faucet until the vessel is filled.
Ibsies discloses a sports bottle and fluid dispensing system, device and method in the same field of endeavor as the instant application, as it solves the mutual problem of dispensing fluid into a vessel (Abstract). Ibsies further discloses a base of a vessel being configured to couple directly to a faucet in order to fill the vessel with fluid in a region of the vessel that is not the main opening/top for spatial convenience (Abstract; Figure 6; Figure 11; Paragraphs [0002]-[0004]; Paragraph [0050]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the base of the vessel and faucet of Fantappie to be configured to couple directly to the faucet to fill the vessel as taught by Ibsies because Ibsies discloses such a configuration allows a user to fill the vessel with fluid in a region of the vessel that is not the main opening/top for spatial convenience (Ibsies, Abstract; Paragraphs [0002]-[0004]).
However, the combined references are silent on the faucet comprising a locking mechanism configured to lock the vessel to the faucet until the vessel is filled.
Lien discloses a water refilling assembly for hydro pack in the same field of endeavor as the instant application, as it solves the mutual problem of refilling a vessel using a connection to a faucet (Abstract). Lien further discloses a locking mechanism configured to lock a vessel to a faucet until the vessel is filled in order to ensure a sealed connection during the filling operation (Figures 18-19; Paragraph [0066]; see locking mechanism in faucet connector 8 with adapter 82/male part 81; tap water from faucet fills vessel/bag 4 via hose 83 connected to connector 8).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the faucet and vessel of Fantappie to further comprise a locking mechanism configured to lock the vessel to the faucet until the vessel is filled as taught by Lien because Lien discloses such a mechanism ensures a sealed connection during the filling operation (Lien, Figures 18-19; Paragraph [0066]).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. The combined references further disclose wherein the fluid modifying assembly is configured to be placed under a sink (Fantappie, Figure 2; Paragraph [0033]; housing 100 may be sized for placement in non-typical places such as under a sink).
Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. The combined references further disclose wherein the gas dosing unit is configured to infuse at least CO2 into the fluid (Paragraph [0033]; Paragraph [0049]; at least CO2 is infused in the liquid).
Regarding instant Claim 4, Claim 1, upon which Claim 4 is dependent, has been rejected above. The combined references further disclose an in-line mixer configured to mix the one or more supplements within the fluid (Paragraph [0081]; concentrate pump blends concentrate and alkaline water together).
Regarding instant Claim 5, Claim 1, upon which Claim 5 is dependent, has been rejected above. The combined references further disclose wherein the dosing system comprises a dosing reservoir comprising a plurality of compartments, each compartment configured to store a different supplement, and also comprises a plurality of rotating dosers, each rotating doser configured to dispense a supplement of a compartment of the plurality of compartments (Figure 3; Figure 3A; Figure 11; Paragraph [0035]; Paragraph [0073]; Paragraph [0074]; Paragraph [0076]; Paragraph [0077]; Paragraph [0087]; concentrate containers 701 and associated rotatable threads for openings 705 for dosing).
Claims 6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ibsies, US Pat Pub. 2012/0103926 (found in IDS filed 11/12/2024) in view of Clusserath, US Pat Pub. 2010/0108180).
Regarding instant Claim 6, Ibsies discloses a fluid modifying and dispensing system (Abstract; Figure 6; Figure 11; Paragraph [0050]; sports bottle 10 with dispensing machine including sanitary filter 1105 for modification of liquid via filtration) comprising:
a fluid modifying assembly (Figure 6; Figure 11; Paragraph [0050]; sanitary filter 1105);
a fluid dispensing assembly coupled to the fluid modifying assembly (Figure 6; Figure 11; Paragraph [0050]; infill port 30 coupled to the sanitary filter 1105 and dispensing machine, infill port connected to bottle 10), the fluid dispensing assembly comprising:
a faucet coupled to the fluid modifying assembly (Figure 6; Figure 11; Paragraph [0050]; infill port 30 which includes ball valve or the like); and
a vessel comprising a lid and a base (Figure 6; Figure 11; Paragraph [0026]; Paragraph [0050]; bottle 10; lid in cap 20; base in bottom wall 14);
wherein the base of the vessel is configured to couple directly to the faucet to fill the vessel with the fluid through the base of the vessel (Figure 6; Figure 11; Paragraph [0026]; Paragraph [0033]; Paragraph [0050]; liquid enters bottle 12 through inlet port 30 and associated valves, which can be placed at the bottom [see Figure 6]; see also that Figure 11 integrates as with other embodiments).
However, the reference is silent on wherein the lid stays locked until a pressure release valve in the base releases the pressure inside the vessel.
Clusserath discloses a method of treating a beverage bottle filing machine in a beverage bottle plant in the same field of endeavor as the instant application, as it solves the mutual problem of filling beverage bottles (Abstract). Clusserath further discloses the locking of a lid of a bottle until a pressure release valve is released in order to ensure the proper filling of the bottle (Paragraph [0003]; Paragraph [0010]; Paragraph [0043]; Paragraph [0067]; see valve 13 and gas lock 10, along with controlled fluid pressure).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention to modify the base and lid of Ibsies to further comprise wherein the lid stays locked until a pressure release valve in the base releases the pressure inside the vessel as taught by Clusserath because Clusserath ensures proper filling and sealing of the beverage bottle (Abstract; Paragraph [0003]; Paragraph [0010]; Paragraph [0043]; Paragraph [0067]).
Regarding instant Claim 8, Claim 6, upon which Claim 8 is dependent, has been rejected above. Ibsies further discloses wherein the faucet comprises one or more locking mechanisms configured to secure the vessel to the faucet (Figure 3; Figure 11; Paragraph [0026]; Paragraph [0037]; Paragraph [0050]; locking mechanisms such as seal 24 ensure valve/port 30 has fluid tight connection with bottle 12; see also that embodiment of Figure 11 is integrated with features from other embodiments).
Regarding instant Claim 9, Claim 6, upon which Claim 9 is dependent, has been rejected above. Ibsies further discloses wherein the faucet is activated when the base of the vessel is coupled directly to the faucet (Figure 6; Figure 11; Paragraph [0026]; Paragraph [0050]; diaphragm valve would operate as coupled to the base of vessel).
Regarding instant Claim 10, Claim 6, upon which Claim 10 is dependent, has been rejected above. Ibsies further discloses wherein the vessel comprises an RFID integrated circuit, wherein the fluid modifying and dispensing system is configured to recognize the RFID integrated circuit before filling the vessel with the fluid (Abstract; Figure 11; Paragraph [0008]; Paragraph [0028]; Paragraph [0039]; Paragraph [0042]; Paragraph [0045]; Paragraph [0050]; bottle 10 comprises RFID tag, allowing modifying and dispensing system to identify the bottle before initiating fill sequence).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ibsies, US Pat Pub. 2012/0103926 (found in IDS filed 11/12/2024) in view of Clusserath, US Pat Pub. 2010/0108180) as applied to claim 6 above, and further in view of Seaborne et al. (herein referred to as “Seaborne”, US Pat Pub. 2010/0230007; found in IDS filed 11/12/2024).
Regarding instant Claim 7, Claim 6, upon which Claim 7 is dependent, has been rejected above. However, Ibsies is silent on a retractable injector configured to fill the vessel when in a deployed position.
Seaborne discloses a liquid dispensing system in the same field of endeavor as the instant application, as it solves the mutual problem of dispensing liquid into a container (Abstract). Seaborne further discloses a retractable injector configured to fill the vessel when in a deployed position, wherein the retraction seals the injector from the outside environment when not in use (Abstract; Figure 1; Paragraph [0003]; see sealing of the opening after retraction of said nozzle).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the faucet of Ibsies to further comprise a retractable injector as taught by Seaborne because Seaborne discloses such a retractable injector seals the injector from the outside environment when not in use (Seaborne, Paragraph [0003]).
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ibsies, US Pat Pub. 2012/0103926 (found in IDS filed 11/12/2024) in view of Clusserath, US Pat Pub. 2010/0108180) as applied to claim 6 above, and further in view of Puderbaugh et al. (herein referred to as “Puderbaugh”, US 4013076; found in IDS filed 11/12/2024).
Regarding instant Claim 11, Claim 6, upon which Claim 11 is dependent, has been rejected above. While Ibsies discloses a discharge port for effluent air (Figure 11; Paragraph [0050]; port 1107), the reference is silent on the lid of the vessel comprising a float valve configured to allow air to escape when filling the vessel and to prevent the vessel from being overfilled by closing when the fluid engages the float valve.
Puderbaugh discloses an aspirator jar in the same field of endeavor as the instant application, as it solves the mutual problem of providing containers for the collection of liquids (Abstract). Puderbaugh further discloses a lid comprising a float valve configured to allow air to escape when filling the vessel and to prevent the vessel from being overfilled by closing when the fluid engages the float valve in order to ensure a proper level of air and liquid within the vessel (Abstract; Figure 1; Figure 3; Col. 4, Lines 8-16; lid 16; valve support post 52 with overflow valve functionality).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the lid of Ibsies to further comprise the float valve as taught by Puderbaugh because Puderbaugh discloses such a float valve ensures proper levels of air and liquid within the vessel (Puderbaugh, Abstract; Figure 1; Figure 3; Col. 4, Lines 8-16).
Regarding instant Claim 13, Claim 6, upon which Claim 13 is dependent, has been rejected above. While Ibsies discloses a discharge port for effluent air (Figure 11; Paragraph [0050]; port 1107), the reference is silent on a safety pressure management valve configured to open and release pressure when an internal pressure exceeds 80 psi.
Puderbaugh discloses an aspirator jar in the same field of endeavor as the instant application, as it solves the mutual problem of providing containers for the collection of liquids (Abstract). Puderbaugh further discloses a lid comprising a safety pressure management valve configured to open and release pressure in order to ensure a proper level of air and liquid within the vessel (Abstract; Figure 1; Figure 3; Col. 4, Lines 8-16; lid 16; valve support post 52 with overflow valve functionality).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the lid of Ibsies to further comprise the safety management valve as taught by Puderbaugh because Puderbaugh discloses such a safety management valve ensures proper levels of air and liquid within the vessel (Puderbaugh, Abstract; Figure 1; Figure 3; Col. 4, Lines 8-16).
While the references do not disclose an 80 psi threshold for the safety pressure management valve, it would be obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to arrive at such an internal pressure of the vessel before the use of the safety pressure management valve as an optimized variable via routine experimentation. Excessive pressure within a vessel would be dangerous, especially in the practice of dispensing fluids into such a vessel, so it would be obvious to optimize the internal pressure of the vessel at a level such as 80 psi considered appropriate by the designer in order that the vessel and associated equipment can be handled safely. See MPEP 2144.05, II. A. for more detail.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ibsies, US Pat Pub. 2012/0103926 (found in IDS filed 11/12/2024) in view of Clusserath, US Pat Pub. 2010/0108180) as applied to claim 6 above, and further in view of Wolf, US 4237593.
Regarding instant Claim 12, Claim 6, upon which Claim 12 is dependent, has been rejected above. While Ibsies discloses a discharge port for effluent air (Figure 11; Paragraph [0050]; port 1107), the reference is silent on the lid of the vessel comprising a pressure relief valve.
Wolf discloses a method of making a two-part pressure relief valve in the same field of endeavor as the instant application, as it solves the mutual problem of handling pressure within a container (Abstract). Wolf further discloses a lid comprising a pressure relief valve configured to be activated by a level, wherein the lever is also configured to lock and unlock the lid to a remainder of the vessel in order to ensure proper pressure levels are contained within the container (Abstract; Figure 1; Figure 2; Col. 10, Lines 2-6; valve body 5 and lever system within valve seat 2, wherein the housing walls 10 may be considered the lid).
It would have been obvious to one of ordinary skill in the art on the effective filing date of the invention to modify the lid of Ibsies to further comprise the pressure relief valve and lever of Wolf because Wolf discloses such features ensure proper pressure levels are contained within the container (Wolf, Abstract; Figure 1; Figure 2; Col. 10, Lines 2-6).
Allowable Subject Matter
Claims 14-20 allowed. The amended claim language introduces subject matter that is considered allowable over the prior art at this time. A more detailed reasons for allowance will be provided upon allowance of the entire claim set.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Benjamin, US 6059132, discloses a locking device for containers including bottles and outdoor faucets (Abstract; Col. 3, Line 63-Col. 4, Line 17), yet the reference is geared more towards locking the bottle while providing a discharge outlet then providing a locking mechanism for filling (Abstract; Figure 1b; Col. 3, Line 63-Col. 4, Line 17).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 08/18/2026
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