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 with respect to claims 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-3, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Zubarik (US 11,767,213) in view of Taylor et al (US 10,874,591).
Regarding claim 1, Zubarik discloses a beverage component indicator comprising:
a light (indicator 34, col. 5 ll. 33-34 describing an LED) coupled to a body (generally disclosed by dispenser 26),
wherein the light is configured to light up to indicate when a component in the corresponding container is part of a beverage order (col. 7 ll. 1-36), and the sensor is configured to determine when a user dispenses an amount of the component (activation device 36 detects actuation of dispenser 26 during dispensing; col. 5 ll. 20-31) into a beverage container (col. 4 l. 65 to col. 5 l. 1 describing dispensation onto a product and col. 7 ll. 18-22 which describes a beverage).
Zubarik generally discloses analogous structure including a body (dispenser 26) comprising a sensor (activation device 36) and an internal automatically actuated pump (col. 4 l. 63 to col. 5 l. 19; col. 5, ll. 32-50), although Zubarik does not expressly disclose the claimed indicator including a body, sensor, recess, and pump head, configured in association with a manually actuated pump in the manner claimed. However, Taylor teaches a body comprising a sensor (product interaction monitor 100) and a recess configured to receive a pump head of a manually actuated pump (fluid dispensing pump 2000; Figs. 22-24) of a corresponding container (container 2100; Fig. 22). The advantage of incorporating a body comprising a sensor, a recess configured to receive a pump head of a container of a manually actuated pump, is to detect user interaction with the pump and determine an amount of product dispensed during manual operation. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the beverage component indicator of Zubarik by incorporating the sensor-containing body and manually actuated pump arrangement taught by Taylor, because doing so would permit detection of user interaction with the pump and determination of an amount of product dispensed during manual operation.
Regarding claim 2, in addition to the limitations of claim 1, Zubarik does not expressly disclose wherein the light is configured to turn off when the sensor determines the amount of the component the user dispenses is an amount of the component in the beverage order, although Zubarik generally discloses analogous functionality wherein a light is turned off upon completion of dispensing the component required for the beverage order (Zubarik, col. 7, ll. 1-26; col. 8, ll. 47-56). However, Taylor further teaches determining, by the sensor, an amount of product dispensed using the sensor, including determining pump events and estimating the amount dispensed based upon the number of detected pumps or pump travel distance (Taylor, col. 13, ll. 25-40; Figs. 25-27). The advantage of utilizing a sensor to determine the amount of the component dispensed by the user to control the indicator light is to provide an indication to the user when dispensing of the required amount of the component is complete. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize Taylor’s sensor-based determination of the amount of product dispensed to control the indicator light of Zubarik, such that the light is turned off when the amount required for the beverage order has been dispensed, thereby indicating to the user that dispensing of the required amount of the component is complete.
Regarding claim 3, in addition to the limitations of claim 1, Zubarik further discloses wherein the light is configured to indicate when to dispense the component into the beverage container (col. 7 ll. 27-31, indicator 34 being activated in accordance with the sequence in which the corresponding component is to be dispensed).
Regarding claim 5, in addition to the limitations of claim 1, Zubarik further discloses a controller (controller 50) configured to send information to the sensor and the light, and the controller is configured to receive information from the sensor and the light (controller 50, activation device 36, indicator 34; col. 6 ll. 25-44 and col. 6 l. 64 to col. 7 l. 17).
Regarding claim 6, in addition to the limitations of claim 1, Zubarik as modified by Taylor further teaches wherein the sensor is a capacitance sensor (Taylor, capacitive touch sensor 111; Figs. 21-25).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zubarik in view of Taylor et al and further in view of Muderlak et al (US 8,950,628).
Regarding claim 7, in addition to the limitations of claim 1, Zubarik as modified does not expressly disclose wherein the body comprises a power source, and the light is configured to indicate if a power level of the power source is below a threshold. However, Muderlak discloses wherein the body comprises a power source (power source 32, such as a battery), and the light is configured to indicate if a power level of the power source is below a threshold (processor 54 configured to detect a low power level and activate LED indicator lights 38a, 38b to indicate low power; col. 4, ll. 1-39; Figs. 4-5). The advantage of providing the body with a power source and configuring the light to indicate if a power level of the power source is below a threshold is to alert a user of a low power condition so that power may be restored to the device. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the beverage component indicator of Zubarik, as modified by Taylor, such that the body comprises a power source, and the light is configured to indicate if a power level of the power source is below a threshold, as taught by Muderlak, in order to alert a user of a lower power condition so that power may be restored to the device.
Claims 4, 8, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zubarik in view of Taylor et al and further in view of Venkatakrishnan (US 2021/0221667).
Regarding claim 4, in addition to the limitations of claim 1, Zubarik in view of Taylor discloses the beverage component indicator of claim 1 as set forth above, but does not expressly disclose wherein the light is configured to indicate the amount of the component in the beverage order. However, Venkatakrishnan teaches wherein the light is configured to indicate the amount of the component in the beverage order (light indicators 120 indicating the number of pumps, shots, or doses of an ingredient desired by the customer, by selectively illuminating a number of light indicators corresponding to the amount of the component to be dispensed ([0071], [0043]; Figs. 15A-C). The advantage of configuring the light to indicate the amount of the component in the beverage order is to visually communicate to the user the amount of the component to be dispensed. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the beverage component indicator of Zubarik, as modified by Taylor, to configure the light to indicate the amount of the component in the beverage order, as taught by Venkatakrishnan, in order to visually communicate to the user the amount of the component to be dispensed.
Regarding claim 8, Zubarik discloses a system for indicating components of a beverage order comprising:
a plurality of indicators (indicators 34 associated with the plurality of dispensers 26; Fig. 2; col. 7, ll. 10-18), each of the plurality of indicators comprising:
a light (indicator 34, col. 5 ll. 33-34 describing an LED) coupled to a body (refer to fig. 2),
wherein the light is configured to light up to indicate when a component in the corresponding container is part of a beverage order (col. 7 ll. 1-36), and the sensor is configured to determine when a user dispenses an amount of the component (col. 5 ll. 20-31, wherein the sensor detects when the user actuates the dispenser, to dispense an amount) into a beverage container (col. 4 l. 65 to col. 5 l. 1 describing dispensation onto a product and col. 7 ll. 18-22 which describes a beverage).
Zubarik also generally discloses, for each indicator, a body (dispenser 26) comprising a sensor (activation device 36) and a recess configured to receive a pump head (internal automatic pumping device or retrofit to existing pumping device, col. 4 l. 63 to col. 5 l. 19 and col. 5 ll. 32-50) of a corresponding container (inherent to the pumping device), although Zubaric does not expressly disclose the claimed indicator configured in association with a manually actuated pump in the manner claimed. However, Taylor teaches an indicator including a body comprising, a communication module (electronic circuitry/PCBA of each modular dispenser 45; [0061], [0073]-[0074]), a sensor (product interaction monitor 100) and a recess configured to receive a pump head of a manually actuated pump (fluid dispensing pump 2000; Figs. 22-24) of a corresponding container (container 2100; Fig. 22). The advantage of incorporating a body comprising a sensor, a recess configured to receive a pump head of a container of a manually actuated pump, is to detect user interaction with the pump and determine an amount of product dispensed during manual operation. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the beverage component indicators of Zubarik by incorporating the sensor-containing body and manually actuated pump arrangement taught by Taylor, because doing so would permit detection of user interaction with the pump and determination of an amount of product dispenser during manual operation.
Zubarik as modified by Taylor remains silent to a dock device comprising: a body comprising a control system; and a dock configured to receive the plurality of indicators; wherein the control system is configured to transmit information to the communication module of each of the plurality of indicators, and each of the indicators are configured to light up the light up the light of each of the indicators based on the information. However, Venkatakrishan further teaches a dock device (common controller/support arrangement (controller unit 36) to which the modular dispensers 37/45 are connected together with its outer and inner structure and electrical interface wiring) comprising: a body (housing of controller unit 36 that contains the main controller 38 and associated control electronics; Fig. 12) comprising a control system (main controller 38 and internal electronics; [0060]-[0061]; Fig. 13); and a dock (interface portions of controller unit 36 and main controller 38 at which individual modular dispensers 37/45 are physically and electrically attached including electrical wire harness 43, sealed connectors 44 and dispenser harnesses and connector by which dispenser modules 37 interface with system; [0061]; Figs. 12, 13) configured to receive the plurality of indicators (the system interfaces by the electrical wire harnesses and sealed connectors 44 and corresponding dispenser harnesses and connectors by which modular dispensers 37/45 interface with the common system); wherein the control system is configured to transmit information ([0061]) to the communication module of each of the plurality of indicators ([0061]; Fig. 13), and each of the indicators are configured to light up the light of each of the indicators based on the information ([0069], [0075]; Fig. 16). The advantage of providing a dock device having a common control system configured to communicate with a plurality of docked indicators is to provide centralized control of the indicators and selectively transmit information to the respective indicators to visually guide preparation of a beverage order ([0069], [0075]). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the beverage dispensing system of Zubarik, as modified by Taylor, to include the dock device and centralized control structure taught by Venkatakrishnan, wherein a common controller interfaces and communicates with the plurality of indicators and transmits information to the respective indicators, to provide centralized control of the indicators and selectively transmit information to the respective indicators to visually guide preparation of a beverage order.
Regarding claim 10, in addition to the limitations of claim 8, the already modified device further teaches wherein the dock device comprises a communication module (Zubarik: starting point device 22; col. 4, ll. 10-20, discussing an application program interface) configured to communicate (Fig. 3) with a point of sale system (Zubarik: col. 4 ll. 10-20 and col. 6 ll. 37-44; starting point device 22 communicates with POS terminal 12).
Regarding claim 11, in addition to the limitations of claim 10, the already modified device further teaches wherein the communication module is configured to receive beverage orders from the point of sale system (Zubarik: col. 4 ll. 10-20; col. 6 ll. 24-44 and col. 8 ll. 1-19; Fig. 3).
Regarding claim 12, in addition to the limitations of claim 8, the already modified device further teaches wherein the dock device comprises an input device (Zubarik: sensor that scans item order ticket 52 for beverage order; Fig. 3; col. 8 ll. 20-32) configured to receive a beverage order (Zubarik: col. 4 ll. 10-20, col. 6 ll. 37-44, col. 8 ll. 20-32).
Regarding claim 13, in addition to the limitations of claim 8, the already modified device further teaches wherein the information is based on a beverage order (col. 8 ll. 9-15, wherein the information identifying components of the beverage order is communicated for controlling the corresponding indicators).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zubarik in view of Taylor et al and Venkatakrishnan and further in view of Tokhtuev et al (US 7,550,746).
Regarding claim 9, in addition to the limitations of claim 8, the already modified device does not expressly disclose wherein the body comprises a power source, and the dock of the dock device is configured to supply power to the power source of each of the indicators. Tokhtuev teaches a dock (docking station 200) comprises an indicator connector (power input 219 and power charger output 218) configured to supply power to the power source of the indicator (col. 12 ll. 49-63; wherein rechargeable batteries 230 of sensor 199 are connected to power supply 233 of docking station 200 through power input 219 connected with power charge output 218; Figs. 13-14). The advantage of providing each indicator with a rechargeable power source and configuring the dock to supply power to the power source is to permit the indicator to operate without the restraint of a power cable and to recharge the power source when received by the dock. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the beverage component indicator of Zubarik, as modified by Taylor and Venkatakrishnan, to provide each indicator with a rechargeable power source and to configure the dock of the dock device to supply power to the power source of each of the indicators, as taught by Tokhtuev, in order to permit the indicators to operate without the restraint of a power cable and to recharge the power sources when the indicators are received by the dock.
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.
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/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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