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 without traverse of Invention Group I in the reply filed on 12/17/2025 is acknowledged. Therefore, claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention Groups II and III, there being no allowable generic or linking claim. Claims 1-12 are examined on the merits.
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 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Owens et al. (“Owens” hereinafter) (US PG PUB 2009/0101233) in view of Carpenter et al. (“Carpenter” hereinafter) (US PG PUB 2019/0330043).
Regarding claim 1, Owens teaches a drink preparation apparatus (items 100, 101, figures 1 and 2) comprising:
a nozzle (items 620A, 620B, 620C, figure 10A) defining a first pipe (pipe of nozzle 620A, figures 6 and 10A) having a first diameter and a second pipe (pipe of nozzle 620B, figures 6 and 10A) having a second diameter;
a gantry (items 626A, 626B together, figures 6-7) coupled to the nozzle (items 620A, 620B, 620C, figure 10A), the gantry positioning the nozzle between a first nozzle position and a second nozzle position (paragraphs [0076], [0091], [0094]);
a first tube (pipes connecting the fluid source 502 to nozzles, paragraph [0072]) in fluidic communication with the first pipe and a second tube (pipes connecting the fluid source 502 to nozzles, paragraph [0072]) in fluidic communication with the second pipe;
a first pump (pipes and pumps connecting the fluid source 502 to nozzles, paragraph [0072]) in fluidic communication with the first tube and a second pump (pipes and pumps connecting the fluid source 502 to nozzles, paragraph [0072]) in fluidic communication with the second tube; and
a processor (computer 109A, figure 2) in electrical communication with the gantry, the first pump, and the second pump (computer controls the whole dispensing system, processes orders, and maintains the order database, paragraphs [0065], [0073-0074], [0078], [0089]), the processor configured to:
transmit a first instruction to the gantry to position the nozzle in the first nozzle position or the second nozzle position (paragraphs [0009], [0065], [0076], [0091], [0094]);
transmit a second instruction to the first pump to cause fluid to flow through the first tube to be dispensed from the first pipe (paragraphs [0065], [0076], [0089], [0091], [0094]); and
transmit a third instruction to the second pump to cause fluid to flow through the second tube to be dispensed from the second pipe (paragraphs [0065], [0076], [0089], [0091], [0094]).
Owens does not explicitly teach that the second diameter of the second pipe is larger than the first diameter of the first pipe and the first and the second pumps are peristaltic pumps.
Carpenter teaches another automatic beverage dispensing device (item 100, figure 1) comprising a nozzle (items 112, 116, figures 2 and 2A) a first pipe (macro port 122, figure 2A) with a first diameter and a second pipe (micro port 124, figure 2A) with a second diameter which is larger than the first diameter and comprises multiple peristaltic pumps (paragraph [0060]) to pump the fluid from the fluid source to the nozzles.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Owens as taught by Carpenter to have modified the pipes of the nozzles with different diameters to control the amount of fluid being dispensed from the nozzle based on whether it is a macro or a micro ingredient. Furthermore, use of peristaltic pumps to move liquids from one end to another is common in beverage dispensing and thus, such pumps can be used to accomplish the same task.
Regarding claims 2 and 3, Owens teaches a first conveyor (tray 610, figures 10A-10H) that has (a proximal, a distal and a middle portion) to position a first container under the first nozzle position and position a second container under the second nozzle position (tray 610 moves cups 631 under different nozzles based on instructions received from computer 109A to dispense a selected beverage, paragraphs [0077], [0089-0094]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Owens to have one or more conveyors that can move the cups under different nozzles for different nozzle positions for accomplishing beverage dispensing and filling operation. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (See MPEP § 2144.04 (VI)).
Regarding claim 7, Owens teaches a cold plate coupled to the first tube and the second tube, the cold plate configured to cool fluids flowing through the first tube and the second tube (paragraphs [0024-0025], [0042], [0065], [0069-0070]).
Regarding claims 8-10, Owens teaches a display screen (touch screen with menu, receiving payment), the display screen providing a graphical user interface for the drink preparation apparatus (paragraphs [0026], [0062]), to display drinks to be dispensed from the nozzles and pipes, and receiving user selection of drinks and the processor transmits signal to dispense the drinks (paragraphs [0065], [0076], [0089], [0091]).
Regarding claim 11, Owens teaches a network interface receiving commands to operate the drink preparation apparatus (communication between point-of-sale terminal data to the dispensing terminal is through wireless or wire-based network, paragraph [0060]).
Regarding claim 12, Owens teaches an integration module configured to operate the drink preparation apparatus according to orders from a point-of-sale system (paragraphs [0059-0062]).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Owens in view of Carpenter as applied to claim 1 above, further in view of Angus et al. (“Angus” hereinafter) (US PG PUB 2016/0083123).
Regarding claims 4-6, Owens teaches that the processor is capable of receiving orders, operating the beverage dispenser and collect data regarding the beverage dispensing. Owens does not explicitly teach an ice reservoir with ice and an ice augur providing the ice to an ice dispensing mechanism, wherein the processor is further configured to transmit a fourth instruction to the ice dispensing mechanism to dispense the ice, and wherein the ice dispensing mechanism comprises an ice measurement chamber and a motor that rotates the ice measurement chamber to dispense the ice.
Angus teaches another automated beverage dispensing system (item 100, figure 1) comprising an ice dispensing mechanism (item 130, figures 1-5) with an ice reservoir (item 280, figure 4, paragraph [0038]) for ice, an ice augur (item 320, figure 2), a motor (item 330, figure 5) that rotates an ice measurement chamber, and a processor (item 190, figure 1) that sends instructions to the ice dispensing mechanism to dispense the ice (paragraphs [0039], [0043], [0060]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Owens as taught by Angus to provide an ice dispensing mechanism with an ice reservoir, ice auger and a motor and modifying the computer program of Owens as taught by Angus control the overall ice dispensing operation based on the beverage order placed by a user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents disclose subject matter related to automatic beverage preparation and dispensing devices: US PG PUB 2010/0318225, US PN 8,606,396, US PN 11,116,352, and US PN 11,738,987.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754