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 .
Response to Arguments
Applicant's arguments filed 10/21/2025 have been fully considered but they are not persuasive.
Applicant argues that that Saunders doesn’t teach the claim 1 amendments regarding the equipment found in the second zone. To being, the previous office action and the rejection found herein point the Applicant to feature (50) of Saunders as representing the general area of zone 2 in the invention of Saunders, as its positioned right above the countertop. Secondly the claim only recites” the equipment comprises a plurality of ingredient dispenses” under broadest reasonable interpretation the, as long as the equipment can dispense a plurality of ingredients then it meets the claim. Here, Saunders expressly states in Col. 7, lines 32-34, that a plurality of beverages can be dispensed and inherently includes a plurality of beverages require a plurality of ingredients. Further delineation is needed in the claimed invention to adequately define it over the prior art.
Applicant argues that Saunders does not teach a third zone with reduced temp dispense. However, Saunders clearly depicts and recites an overhead zone or refrigerated products to dispense, Saunders thus teaching third zone comprising a reduced temperature zone (Col. 8, lines 1-3, 15-27, reduced temperature device such as a refrigerator), wherein the reduced temperature zone comprises a reduced temperature dispense configured to store an ingredient at a reduced temperature and dispense the ingredient at the reduced temperature into a container positioned in the third zone and below an outlet (38, 39) of the reduced temperature dispense (Col. 8, lines 15-26, cold milk dispenses from refrigerated zone; Col. 7, lines 8-11, pipework delivering beverage from reduced temp to above countertop). Further delineation is needed in the claimed invention to adequately define it over the prior art.
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.
Claim(s) 1-4, 9-16, 19-22, 24-29, 34, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US Patent No. 7,669,740) as evidenced by Metropulos et al. (US 2014/0209634 A1).
Re: Claim 1, Saunders discloses the claimed invention including a beverage station comprising:
a first zone (3) positioned below a countertop (2) (Fig. 3);
a second zone (50) positioned at a level of the countertop (Fig. 3), and the second zone comprising equipment (9) (Col 7, lines 30-32, bolted to the second zone), wherein the equipment comprises a plurality of ingredient dispenses positioned on the countertop (Col. 7, lines 32-34, plurality of beverages inherently includes a plurality of ingredients), wherein each ingredient dispense of the plurality of ingredient dispenses is configured to dispense an ingredient into a container positioned in the second zone (Col. 7, lines 27-29, dispensed into a receptacle positioned in the second zone),
a third zone (10, 11) positioned at an overhead level above the second zone (Fig. 4), the third zone comprising a reduced temperature zone (Col. 8, lines 1-3, 15-27, reduced temperature device such as a refrigerator), wherein the reduced temperature zone comprises a reduced temperature dispense configured to store an ingredient at a reduced temperature and dispense the ingredient at the reduced temperature into a container positioned in the third zone and below an outlet (38, 39) of the reduced temperature dispense (Col. 8, lines 15-26, cold milk dispenses from refrigerated zone; Col. 7, lines 8-11, pipework delivering beverage from reduced temp to above countertop).
Re: Claim 2, Saunders discloses the claimed invention including the reduced temperature dispense comprises at least one refrigerated dispense (Col. 8, lines 15-26, cold milk dispenses from refrigerated zone).
Re: Claim 3, Saunders discloses the claimed invention including the refrigerated dispense is mounted with an above counter support (53) to a wall or a partition (53) in the third zone, the above counter support comprising at least two slides (55) to allow movement of the refrigerated dispense away from or towards the wall or the partition (Figs. 4-5, Col. 7, lines 37-48, 60-67, depicts movement of the support away and toward the wall or partition).
Re: Claim 4, Saunders discloses the claimed invention including the at least two slides are attached to a bottom surface of the refrigerated dispense (Depicted in Fig. 4-5).
Re: Claim 9, Saunders discloses the claimed invention including the first zone further comprises a cup or lid dispense (5) (Fig. 3).
Re: Claim 10, Saunders discloses the claimed invention including the first zone further comprises a cabinet (3) for storing one or more gases (Col. 6, lines 28-45, cabinet with door and housing for storing any item) as evidenced by Metropulos teaching a three-zone dispenser with a first zone housing a gas (Para. 74, CO2 gas held in zone 1).
Re: Claim 11, Saunders discloses the claimed invention including one or more taps connected to the cabinet for storing one or more gases (Col. 6, lines 38-45, fluid capable of being piped to tap) as evidenced by Metropulos teaching a three-zone dispenser with a first zone housing a gas for dispensing (Para. 74, CO2 gas held in zone 1).
Re: Claim 12, Saunders discloses the claimed invention including the second zone comprises the countertop and a sink (36) (Fig. 3, Col. 63-67, receives fluid from vending machine acting as a sink).
Re: Claim 13, Saunders discloses the claimed invention including the second zone further comprises a whip cream dispense positioned on the countertop (Fig. 3, (Col. 6, lines 33-35, can hold any item especially milk items and the counter top is inherently capable of having any item positioned upon it including a whip cream dispenser) as evidenced by Metropulos teaching a three-zone dispenser with a countertop (225) with whipped cream positioned (276) thereon (Para. 58, whipped cream).
Re: Claim 14, Saunders discloses the claimed invention including the second zone further comprises at least one blender positioned on the countertop (Fig. 3, the counter top is inherently capable of having any item positioned upon it).
Re: Claim 15, Saunders discloses the claimed invention including the plurality of ingredient dispenses in the second zone comprises one or more containers with pumps or scoops (Col. 7, lines 18-28, second zone includes a dispenser with pump).
Re: Claim 16, Saunders discloses the claimed invention including the plurality of ingredient dispenses in the second zone comprises one or more dry ingredient dispenses, the one or more dry ingredient dispenses comprising one or more containers to store dry ingredients ( Fig. 3, the counter top is inherently capable of having any item positioned upon it) as evidenced by Metropulos teaching a three-zone dispenser with a countertop (225) with salt positioned (276) thereon (Para. 58, salt).
Re: Claim 19, Saunders discloses the claimed invention including the third zone further comprises one or more shelves (53) (Figs. 3-4).
Re: Claim 20, Saunders discloses the claimed invention including the third zone further comprises a plurality of liquid dispenses, wherein the plurality of liquid dispenses comprise containers configured to dispense liquids, wherein the plurality of liquid dispenses are positioned on the one or more shelves (Col. 8, lines 15-25, plurality or liquid dispenses from containers).
Re: Claim 21, Saunders discloses the claimed invention including the containers of the plurality of liquid dispenses are locked onto the one or more shelves (Col. 7, lines 37-38, mounted to shelves).
Re: Claim 22, Saunders discloses the claimed invention including the reduced temperature zone comprises a refrigerated zone or a freezer zone (Col. 8, lines 1-3, refrigerator).
Re: Claim 24, Saunders discloses the claimed invention including the third zone comprises a plurality of juice or tea dispenses, an ice dispense, a printer, a milk dispense, and an alternative milk dispense, and a sweet cream dispense (Col. 8, lines 15-24, milk dispenser).
Re: Claim 25, Saunders discloses the claimed invention including the equipment in the second zone comprises one or more dry ingredient dispenses, one or more blenders, one or more syrup dispenses, a sink, a whip cream dispense, and a nitro brew dispense (Col. 8, lines 28-30, coffee dispenser) ) as evidenced by Metropulos teaching a three-zone dispenser with a countertop (225) with salt positioned (276) thereon (Para. 58, salt).
Re: Claim 26, Saunders discloses the claimed invention including the third zone comprises a plurality of juice or tea dispenses, an ice dispense, a printer, a milk dispense, and an alternative milk dispense (Col. 8, lines 1-5, any range of components may be implemented including dispensers and vending device which implicitly includes a receipt printer).
Re: Claim 27, Saunders discloses the claimed invention including the second zone includes a plurality of dry ingredient dispenses, one or more blenders, one or more syrup dispenses, a sink, one or more sauce dispenses, a whip cream dispense, and a nitro brew dispense (Fig. 3, countertops can inherently include any number of items being placed thereon for beverage creation) as evidenced by Metropulos teaching a three-zone dispenser with a countertop (225) with salt positioned (276) thereon (Para. 58, salt).
Re: Claim 28, Saunders discloses the claimed invention including the third zone comprises a milk dispense, a plurality of alternative milk dispense, an ice dispense, and a printer dispense (Col. 8, lines 1-5, any range of components may be implemented including dispensers and vending device which implicitly includes a receipt printer).
Re: Claim 29, Saunders discloses the claimed invention including the second zone includes a plurality of dry ingredient dispenses, one or more blenders, one or more syrup dispenses, a sink, one or more sauce dispenses, a whip cream dispense, and a nitro brew dispense (Fig. 3, countertops can inherently include any number of items being placed thereon for beverage creation) ) as evidenced by Metropulos teaching a three-zone dispenser with a countertop (225) with salt positioned (276) thereon (Para. 58, salt).
Re: Claim 34, Saunders discloses the claimed invention including the reduced temperature zone comprises a plurality of reduced temperature zones (10, 11) each reduced temperature zone of the plurality of reduced temperature zones comprises a reduced temperature dispense (Col. 8, lines 1-7, plurality of reduced temperature zones).
Re: Claim 36, Saunders discloses the claimed invention including the third zone comprises a cabinet (14) and the reduced temperature dispense is positioned in the cabinet such that the outlet of the reduced temperature dispense extends through an opening in a bottom surface of the cabinet (Fig. 7, dispenses below the cabinet).
Claim(s) 5-8 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US Patent No. 7,669,7 40) as applied to claim 3 above, and further in view of Jeong et al. (US 2023/0257254 A1).
Re: Claim 5-8, Saunders discloses drip trays except for the claimed particulars thereof. However, Jeong teaches a spring-loaded retractable drip tray (20) with a curved front face (21, 22) configured to move backward and forward between a first position positioned beneath the outlet of the refrigerated dispense and a second position away from the outlet of the refrigerated dispense (Fig. 1, Para. 108, spring loaded drip tray movable between a forward first portion beneath the dispense and backward second position away therefrom).
It would have been obvious to one having ordinary skill in the art at the time of effective filing dater to include the retractable drip trap as taught by Jeong, since such a modification would provide the user increased countertop space when not dispensing, thus increased space to prepare drinks and handle orders from the customers.
Re: Claim 37, Saunders as modified by Jeong in the rejection of claim 5 above teaches the retractable drip tray is configured to prevent dispensing of an ingredient through the outlet of the refrigerated dispense when the retractable drip tray is in the first position (Jeong: Fig. 1, Para. 108, spring loaded drip tray movable between a forward first portion beneath the dispense and backward second position away therefrom, when in first position prevents drippings).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US Patent No. 7,669,740) as applied to claim 1 above, and further in view of Degnan et al. (US Patent No. 11,738,987).
Re: Claim 17, Saunders discloses the claimed invention including a reduced temperature zone in the third zone (column 8, lines 1-2, any component, including reduced temp device) except for expressly stating an ice cabinet. However, Degnan disclose an ice cabinet in the third zone (Col. 4, lines 29-31, ice cabinet).
It would have been obvious to one having ordinary skill in the art at the time of effective filing dater to include an ice cabinet as taught Degnan, since Saunders states column 8, lines 1-2 that the third zone may be any range of components, and adding the ice cabinet of Degnan would allow the user to serve an assortment of chilled drinks thus increasing the number beverages to be dispensed.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US Patent No. 7,669,740) as applied to claim 1 above, and further in view of Goulet (US Patent No. 6,053,359).
Re: Claim 18, Saunders discloses the claimed invention including any component may be implemented into the third zone (column 8, lines 1-2, any component) except for expressly stating a lid or cup dispenser. However, Goulet disclose cup or lid dispenser (40) in the third zone (Fig. 2).
It would have been obvious to one having ordinary skill in the art at the time of effective e filing dater to include an ice cabinet as taught Degnan, since Saunders states column 8, lines 1-2 that the third zone may be any range of components, and adding the ice cabinet of Degnan would allow the user to serve an assortment of chilled drinks thus increasing the number beverages to be dispensed. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US Patent No. 7,669,740) as applied to claim 1 above, and further in view of Saveliev et al. (US Patent No. 6,216,918).
Re: Claim 35, Saunders discloses the claimed invention including the first zone comprises storage (Col. 6, lines 28-45, cabinet with door and housing for storing any item) except for expressly stating for nitrogen gas. However, Saveliev teaching a three-zone dispenser with a first zone housing a nitrogen gas (24) (Fig. 2, Col. 6, lines 30-31, Nitrogen gas held in zone 1).
It would have been obvious to one having ordinary skill in the art at the time of effective filing dater to include a nitrogen tank as taught Saveliev, since Saunders states Col. 6, lines 28-45 that the first zone may be any range of components, and adding the nitrogen of Saveliev would allow the user to serve an assortment of chilled effervescent drinks thus increasing the number beverages to be dispensed. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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, Paul Durand can be reached at 571-272-4459. 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. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754