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 .
Election/Restrictions
Applicant's election with traverse of Species B in the reply filed on 01/22/2026 is acknowledged. The traversal is on the ground(s) that that the features of claims 2 and 3 are drawn to species B (Applicant does not argue the election of species at large specifically just claims 2 and 3). This is found persuasive and claims 2 and 3 will be examined along claims of elected species B.
The requirement is still deemed proper and is therefore made FINAL.
Rejections - 35 USC § 102
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.
Claim(s) 1-6, 8-16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brook-Crispin et al. (US 2015/0336722 A1 herein after Brook).
Re: Claim 1, Brook discloses the claimed invention including a liquid dispensing apparatus, for use with a first container (11) where a first liquid (16) is contained, comprising:
a second container (24A) where a second liquid is contained, said second container is provided with a container outlet (45A) for dispensing said second liquid (Fig. 4A, 12D); and
a utility potion (20), comprising:
an outlet (42), for dispensing liquid (Fig. 4B);
a first inlet (at 32), collaboratively operating with a pressure valve (34) for intaking said first liquid enabling a first passageway (56) (Fig. 4A); and
a second inlet (38), operatively working with said container outlet (Fig. 5A), enabling a second passageway (within buffer tank 44) for controllably intaking said second liquid from said second container to said second inlet (Fig. 4A).
Re: Claim 2, Brook discloses the claimed invention including a said pressure valve positioned adjacent said first inlet and works with a defined pressure, during a user sucks the first liquid at said outlet of said utility potion, the first liquid in said first container being flown through said pressure valve towards said outlet when the pressure-drop inside said utility potion exceeding the value of said defined pressure (Para. 86-87, pressure valves opens under a defined pressure when suction applied by user’s mouth).
Re: Claim 3, Brook discloses the claimed invention including at the moment when the pressure-drop inside said utility potion exceeding the value of said defined pressure, the second liquid in said second container is selectively flowable through said container outlet towards said second inlet, thereby the first liquid and the second liquid being mixed in said utility potion (Para. 91-92, 149, pressure actuated valves moving fluid from the second containers).
Re: Claim 4, Brook discloses the claimed invention including said liquid dispensing apparatus comprising an adjustment means (40) for adjusting the volumetric flow in said second passageway, thereby controllably adjusting said second liquid flowing through said container outlet towards said second inlet (Para. 97, adjusts flow in the second passageway).
Re: Claim 5, Brook discloses the claimed invention including said second passageway is configurable to stop said second liquid flowing through said container outlet towards said second inlet (Para. 97, adjusted to no flow).
Re: Claim 6, Brook discloses the claimed invention including that, said liquid dispensing apparatus further comprising:
a tube (44) connecting said second inlet of said utility potion and said container outlet, said adjustment means having an eccentric cylindrical profile (48) being arranged adjacent said tube, and being rotatable with respect to said tube, wherein the internal tubular cavity of said tube is adjustable by rotating said adjustment means (Para. 97, tube cavity adjusted).
Re: Claim 8, Brook discloses the claimed invention including said liquid dispensing apparatus further comprising a mixing chamber (26) and a buffer tank (44), characterized in that, in said second passageway there is fluidic communication between said second container, said buffer tank, and said mixing chamber (Para. 98, mixing chamber connecting between the second container, buffer tank and mixing)
Re: Claim 9, Brook discloses the claimed invention including the liquid in either said first passageway or said second passageway flowing through said mixing chamber (Para. 98, either passageway flow through mixing chamber).
Re: Claim 10, Brook discloses the claimed invention including said utility portion is part of a lid member for said first container (Fig. 1, placed on top of first container).
Re: Claim 11, Brook discloses the claimed invention including said liquid dispensing apparatus further comprising a mixing chamber (26) and a buffer tank (44) (Fig. 4A), wherein:
said utility portion is part of a lid member for said first container, wherein said lid member is profiled to accommodate said mixing chamber and said buffer tank (Depicted in Fig. 4A);
said mixing member is adjacent said first inlet of said utility portion (Depicted in Fig. 4A);
said buffer tank is adjacent said second inlet of said utility portion, and is provided with an inlet and an outlet (Depicted in Fig. 4A);
said outlet of said utility portion has a cylindrical profile extending upwards from the top side of said utility portion (Depicted in Fig. 4A);
said adjustment means is rotatable about said outlet of said utility portion and is provided with a through-opening, thereby said through-opening being slidable over said inlet of said buffer tank (Depicted in Fig. 4A, para. 97, adjust rotates about the outlet);
said second container is rotatable about said outlet of said utility portion and is positioned above said adjustment means, said container outlet is profiled to be received in said through-opening of said adjustment means (Depicted in Fig. 4A, para. 114, during threading the second container rotates).
Re: Claim 12, Brook discloses the claimed invention including the liquid in either said first passageway or said second passageway flowing through said mixing chamber (Para. 98, either passageway flow through mixing chamber).
Re: Claim 13, Brook discloses the claimed invention including said mixing member is profiled to accommodate a mounting member (62) to which said pressure valve is mounted, and said pressure valve is positioned adjacent said first inlet (Depicted in Fig. 4A).
Re: Claim 14, Brook discloses the claimed invention including the side of said buffer tank on which said inlet provided is designed to provide a groove, wherein said inlet of said buffer tank is provided at a first end of said groove (Fig. 12C depicts groove on inlet side for connection with second container).
Re: Claim 15, Brook discloses the claimed invention including said groove of said buffer tank is provided with a second end, wherein the width of said groove is designed to be narrowing from said first end towards said second end; and/or the depth of the groove is designed to be decreasing from said first end towards said second end (Depicted in Figs. 12b-12c a narrowing from one end to another).
Re: Claim 16, Brook discloses the claimed invention including the top side of said utility portion is provided with a groove; said adjustment means is provided with a protrusion sized and shaped to slide in said groove of said utility portion (Fig. 4A depicts, para. 96, groove and protrusion fit between utility portion and the adjuster means).
Re: Claim 19, Brook discloses the claimed invention including said lid member is provided with a gas vent (72, 76) (Fig. 5A, Para. 83, gas vent).
Re: Claim 20, Brook discloses the claimed invention including the second liquid is in a form of disposable packaging, being received in said second container, and said first container is part of a beverage dispenser (Para. 13, a disposable packaging).
Allowable Subject Matter
Claims 17 and 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of containers with secondary container.
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