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 .
Claims 1-6, 8-10, 21-25 and 27-32 are pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/20/26 has been entered.
Claim Objections
Claim 21 is objected to because of the following informalities: Line 6, “a pivot a valve” is grammatically incorrect. Appropriate correction is required.
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.
Claim(s) 1-3, 9, 10, 21-23 and 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Veit (2018749).
Regarding claims 1, 21 and 30, the Veit reference discloses a system (Fig. 1) for filling a fluid receptacle (7) with a fluid, the system comprising:
a filling head (1), the filling head comprising one or more nozzles (3), each
of the one or more nozzles having:
an outlet (inherent); and a valve (inherent), the valve configured to open and close such that when the valve is opened fluid flows through the one or more nozzles and out of the outlet and when the valve is closed fluid may not flow is prevented from flowing through the one or more nozzles (page 2, lines 22-35), one or more fluid receptacles (7); and
a receptacle support shelf (20), the receptacle support shelf configured to support one
or more fluid receptacles (7), wherein the receptacle support shelf is configured
beneath the filling head and is configured to move along a vertical axis relative to the
filling head (Fig. 1); and the valve being rotatable around a pivot between closed and open positions by a knob (2; ball on handle 2 is construed as a knob).
Further, regarding claim 30, wherein the receptacle support shelf (20) is configured beneath the filling head (1) and is supported by one or more springs (24) configured to move the receptacle support shelf along a vertical axis relative to the filling head (page 2; lines 1-4).
Regarding claims 2 and 22, the Veit device is capable of being used in a refrigerator.
Regarding claims 3 and 23, Veit further discloses wherein the one or more nozzles are fluidly coupled to a fluid source (i.e., a source of beer (e.g., keg)).
Regarding claim 27, the fluid source is capable of being placed vertically above the one or more nozzles.
Regarding claims 9 and 28, wherein the receptacle support shelf (20) is rested upon one or more springs (24), the one or more springs configured to adjust a height of the receptacle support shelf relative to the one or more nozzles. See page 2; lines 1-4.
Regarding claims 10 and 29, wherein the receptacle support shelf (20) is configured to be adjusted to one or more predetermined positions along the vertical axis. Arm (21) adjusts the shelf downward and locks into place to place a glass (7) on the shelf and permits insertion of nozzle (3). See page 2, lines 18-21.
Claim Rejections - 35 USC § 103
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 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) 1-6, 8, 10, 21- 25 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazur (8069774) in view of Leete et al. (5350091).
Regarding claims 1 and 21, the Mazur reference discloses a system (Fig. 1) for
filling a fluid receptacle with a fluid, the system comprising:
a filling head (Fig. 6), the filling head comprising one or more nozzles (tubes 36), each
of the one or more nozzles having:
an outlet; and a valve (inherent), the valve configured to open and close such that when
the valve is opened fluid flows through the one or more nozzles and out of the outlet
and when the valve is closed fluid may not flow is prevented from flowing through the
one or more nozzles (col. 6, lines 7-24), one or more fluid receptacles (17); and
a receptacle support shelf (25), the receptacle support shelf configured to support one
or more fluid receptacles (17), wherein the receptacle support shelf is configured
beneath the filling head and is configured to move along a vertical axis relative to the
filling head (see Fig. 14; col. 5, lines 17-32).
The Mazur reference doesn't disclose the valve being rotatable around a pivot
between closed and open positions by a knob. However, the Leete et al. reference discloses another fluid filling system (Figure 18) having a rotatable valve (14.1; Fig. 21) that pivots open and closed by a knob (68.1 on cap 18; Fig. 21) to control flow of fluid from container (24) to container (i.e., tank or container being filled; see col. 3, lines 8 – 12 and col. 5, lines 6-17). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Mazur device to have a knob controlled pivotable valve as, for example, taught by the Leete et al. reference wherein so doing would amount to mere substitution of one valve for another within the art (i.e., valve controlled fluid transfer) and the selection of any of these valves would work on the Mazur device without unexpected results.
Regarding claims 2 and 22, Mazur further discloses wherein the system is
configured for use inside of a refrigerator (col. 3, lines 55-59).
Regarding claims 3 and 23, Mazur further discloses wherein the one or more
nozzles are fluidly coupled to a fluid source (10 and 14; col. 4, lines 34-40 and col. 6,
lines 36-50). Further, fluid source (18) and manifold (35) meet the claim limitation.
Regarding claims 4 and 24, modified Mazur discloses the invention (discussed
supra) including a fill height sensor (41) and filling tube (36), the fill height sensor
communicatively coupled to the valve, wherein the fill height sensor is configured to
communicate a signal to the valve to close the valve if the fill height sensor determines
a fluid height inside of the fluid receptacle has reached a predetermined fill height (col.
6, lines 7-24). The Mazur reference doesn't disclose the fill height sensor being
disposed within the filling tube. It would have been obvious to one having ordinary skill
in the art at the time the invention was made to position the Mazur fill height sensor (41)
within the filling tube (36), since it has been held that rearranging parts of an invention
involves only routine skill in the art. /n re Japiske, 86 USPQ 70.
Regarding claim 5, wherein Mazur further discloses the fill height sensor comprises a pressure sensor (col. 6, lines 16-21; particularly line 20).
Regarding claims 6 and 25, Mazur further discloses the opening and closing of the valve is controlled by a CPU, which meets "electronic activation device" (col. 6, lines
7-24).
Regarding claim 8, Mazur further discloses wherein the fluid source (18)
comprises a fluid reservoir (35), the fluid reservoir configured vertically above the one or
more nozzles (36). Further, fluid reservoir (10) is used to fill water inlet (14) on top of the
housing (1) to supply water to the nozzles.
Regarding claim 10, Mazur further discloses wherein the receptacle support
shelf (25) is configured to be adjusted to one or more predetermined positions along the
vertical axis (col. 5, lines 17-23).
Regarding claim 31, Mazur further discloses wherein the apparatus is configured to be stored or built into a refrigerator (col. 3, lines 55-59 and col. 4, lines 10-18). This would include being mounted in well-known mounting holes in the refrigerator.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazur (8069774) in view of Leete et al. (5350091) and further in view of Schlenkert (3337283).
Regarding claim 32, modified Mazur discloses the invention (discussed supra), but doesn’t disclose wherein the receptable support shelf comprises a ratcheting rack and pinion system configured to adjust the height of the receptacle support shelf. The Schlenkert reference disclose a refrigerator with a shelf supporting having shelf height adjustments by way of ratchet lugs (40) and bars (12) (col. 2, lines 10-26, 64-72 and col. 3, lines 1-5) to adjust the positions of shelving within the refrigerator. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Mazur device to have a height adjustable ratcheting shelf as, for example, taught by the Schlenkert reference since it is well known in the art, conventional and would be obvious to try without unexpected results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEWIS MAUST whose telephone number is (571)272-4891. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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/TIMOTHY L MAUST/Primary Examiner, Art Unit 3753