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 .
Claim 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, 3, and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poolman (AU2002301203A1).
Regarding claim 1, Poolman discloses a beverage dispensing system comprising: a housing having a front wall, a rear wall, and a peripheral wall being attached to and extending between the front wall and the rear wall thereby bounding an interior space (Fig. 5); the peripheral wall having a hole therein (Fig. 5), the hole providing access to the interior space; a lid (44) being pivotably attached to the peripheral wall, the lid being positioned adjacent to the hole, the lid pivoting open to provide access to the interior space through the hole (Fig. 5); a bag containing a liquid, the bag fitting within the interior space, the bag being positionable in the interior space through the hole (page 5, lines 15-17); and a spout assembly (48, 40) fluidly coupling the bag with the housing, the liquid flowing outwardly from the bag through the spout assembly when the bag is positioned within the interior space.
Regarding claim 3, the peripheral wall being convexly arcuate between the front wall and the rear wall, the front wall and the rear wall being circular (Figs. 4-5).
Regarding claim 9, the system further comprising a support (32) being positionable beneath the housing, the support being configured to hold the housing (Figs. 4-5).
Regarding claim 10, the support further comprising a first side, a second side, a top side, and a bottom side, the top side being concavely arcuate between the first side and the second side (Fig. 4), the bottom side being flat (at least partially; Fig. 4).
Regarding claim 11, the support further comprising: a first support being positioned proximate to the front wall (Fig. 4); and a second support being positioned proximate to the rear wall (Fig. 4), the first support being spaced from the second support (Fig. 4).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poolman in view of Groesbeck (7975879).
Regarding claim 2, Poolman DIFFERS in that it does not disclose the beverage dispensing system further comprising a handle being attached to the bag. Attention, however, is directed to the Groesbeck reference, which discloses a handle (66) being attached to the bag (60).
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 Poolman reference in view of the teachings of the Groesbeck reference by employing a handle for the purpose of facilitating removal or insertion of the bag (col. 10, lines 56-60 of Groesbeck).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poolman in view of Stuart (20080302819).
Regarding claim 7, Poolman DIFFERS in that it does not disclose a ventilation mechanism being attached to the bag, the ventilation mechanism opening to permit a gas into the bag thereby increasing pressure within the bag and facilitating the liquid in flowing outwardly through the spout assembly. Attention, however, is directed to the Stuart reference, which discloses a ventilation mechanism (68, 76) being attached to a bag, the ventilation mechanism opening to permit a gas into the bag thereby increasing pressure within the bag and facilitating a liquid in flowing outwardly through a spout assembly (par. 0035-0036).
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 Poolman reference in view of the teachings of the Stuart reference by employing a ventilation mechanism for the purpose of facilitating the withdrawal of liquid from the bag.
Regarding claim 8, the ventilation mechanism further comprising: the bag having an aperture therein (Fig. 4 of Stuart), wherein the gas is permitted to flow into the bag through the aperture when the ventilation mechanism is opened (Fig. 4 of Stuart); and a plug (76 of Stuart) being attachable to the bag over the aperture (Fig. 3 of Stuart), the plug being rotatably coupled to the bag wherein rotation of the plug in a first direction opens the ventilation mechanism and rotation of the plug in a second direction closes the ventilation mechanism thereby inhibiting the gas from flowing through the aperture (Fig. 3 of Stuart).
Allowable Subject Matter
Claims 4-6 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.
Claim 12 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the claimed invention is Poolman. Poolman fails to teach or suggest a seal covering the opening, the seal being breakable to expose the opening whereby the liquid is permitted to flow outwardly from the bag through the opening of the port; a cap being rotatably coupled to the port; the stem breaking through the seal when the stem physically contacts the seal; the cap including a cap threading and the inlet portion including a spout threading, the cap threading being complementary to the spout threading such that the cap is threadably couplable to the spout, wherein rotation of the cap over the inlet portion is configured to draw the stem toward the seal until the stem physically contacts the seal thereby breaking the seal and exposing the opening whereby the port is fluidly coupled with the spout.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754